Commonwealth Coat of Arms of Australia

Social Security Act 1991

No. 46, 1991

Compilation No. 224

Compilation date: 15 February 2025

Includes amendments: Act No. 6, 2025

This compilation is in 6 volumes

Volume 1: sections 1–514F

Volume 2: sections 540–1061ZUC

Volume 3: sections 1061ZVAA–1157

Volume 4: sections 1157A–1263

 Schedule 1A

Volume 5: Endnotes 1–4

Volume 6: Endnotes 5 and 6

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter 2AA—Student startup loans

Part 2AA.1—Introduction

1061ZVAA Simplified outline of this Chapter

Part 2AA.2—Qualification for and amount of student startup loan

1061ZVBA Simplified outline of this Part

1061ZVBB Qualification for student startup loan

1061ZVBC Circumstances in which person is not qualified for student startup loan

1061ZVBD Amount of student startup loan

Part 2AA.3—Indebtedness

Division 1—Introduction

1061ZVCA Simplified outline of this Part

Division 2—Incurring SSL debts

1061ZVDA SSL debts

1061ZVDB SSL debt discharged by death

1061ZVDC Notice to Commissioner

Division 3—Working out accumulated SSL debts

1061ZVEA Simplified outline of this Division

1061ZVEB Stage 1—working out a former accumulated SSL debt

1061ZVEC Stage 2—working out an accumulated SSL debt

1061ZVED Rounding of amounts

1061ZVEE Accumulated SSL debt discharges earlier debts

1061ZVEF Accumulated SSL debt discharged by death

Part 2AA.4—Discharge of indebtedness

Division 1—Introduction

1061ZVFA Simplified outline of this Part

1061ZVFB Debts under this Chapter

Division 2—Voluntary discharge of indebtedness

1061ZVGA Voluntary SSL repayments in respect of debts

1061ZVGB Application of voluntary SSL repayments

1061ZVGC Refunding of payments

Division 3—Compulsory discharge of indebtedness

Subdivision A—Liability to repay amounts

1061ZVHA Liability to repay amounts

1061ZVHB Repayable SSL debt for an income year

Subdivision B—Assessments

1061ZVHC Commissioner may make assessments

1061ZVHD Notification of notices of assessment of tax

1061ZVHE Commissioner may defer making assessments

1061ZVHF Commissioner may amend assessments

Part 2AA.5—Tax administration matters

1061ZVJA Simplified outline of this Part

1061ZVJB Verification of tax file numbers

1061ZVJC When person with tax file number incorrectly notifies number

1061ZVJD When person without tax file number incorrectly notifies number

1061ZVJE When tax file numbers are altered

1061ZVJF When tax file numbers are cancelled

1061ZVJG Returns, assessments, collection and recovery

1061ZVJH Charges and civil penalties for failing to meet obligations

1061ZVJJ Pay as you go (PAYG) withholding

1061ZVJK Pay as you go (PAYG) instalments

1061ZVJL Administration of this Chapter

Chapter 2B—Student Financial Supplement Scheme

Part 2B.1—Establishment of scheme

Division 1—Preliminary

1061ZW Object of this Chapter

1061ZX Outline of the scheme

Division 2—Eligibility to obtain financial supplement

1061ZY Eligibility to obtain financial supplement

1061ZZ Category 1 student

1061ZZA Category 2 student

1061ZZAA Failure by person to comply with request to provide person’s tax file number

1061ZZAB Failure by person to comply with request to provide the tax file number of a parent of the person

Division 3—Decision and notice about eligibility to obtain financial supplement

1061ZZAC Secretary’s decision

1061ZZAD Revocation or variation of decision after review

1061ZZAE Transitional

Division 4—Agreements between Commonwealth and financial corporations

1061ZZAF Applications for financial supplement

1061ZZAG Agreements

Division 5—Application for financial supplement

1061ZZAH When to apply

1061ZZAI How to apply

1061ZZAJ Changing an application

Division 6—Amount of financial supplement

Subdivision A—Category 1 students

1061ZZAK Maximum amount of financial supplement

Subdivision B—Category 2 students

1061ZZAL Change in eligibility period

1061ZZAM Eligibility period (short course)

1061ZZAN Eligibility period (no short course)

1061ZZAO Maximum amount of financial supplement

Subdivision C—Provisions applying to both category 1 students and category 2 students

1061ZZAP Minimum amount of financial supplement

1061ZZAQ Person doing more than one course

Division 7—Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement

1061ZZAR Purpose of Division

1061ZZAS Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement

Division 8—Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement

Subdivision A—Purpose of Division

1061ZZAT Purpose of Division

Subdivision B—When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement

1061ZZAU Election to repay youth allowance, austudy payment or pensioner education supplement

1061ZZAV Timing of repayment

Subdivision C—Repayment

1061ZZAW Effect of repayment

Division 9—Financial supplement contracts

Subdivision A—Making a contract for payment of financial supplement

1061ZZAX Making a contract between person and participating corporation

1061ZZAY Existing contracts

1061ZZAZ Liability for money paid under a financial supplement contract

1061ZZBA Validity of financial supplement contract

Subdivision B—When a financial supplement contract can be cancelled

1061ZZBB Person has right to cancel financial supplement contract

1061ZZBC How to cancel financial supplement contract

1061ZZBD When to cancel financial supplement contract

1061ZZBE Payments made during cooling off period

1061ZZBF Person may waive right to cancel contract

1061ZZBG How to waive right to cancel contract

1061ZZBH When to waive right to cancel contract

Subdivision C—Financial supplement contract exempt from certain laws and taxes

1061ZZBI Financial supplement contract exempt from certain laws and taxes

Division 10—Payment of financial supplement

1061ZZBJ Payment by instalments

1061ZZBK Rounding off

1061ZZBL To whom instalments must be paid

1061ZZBM Payment into bank account

Division 11—Protection of financial supplement

1061ZZBN Financial supplement to be absolutely inalienable

1061ZZBO Effect of garnishee or attachment order

Division 12—Obligations of category 2 students

Subdivision A—Statements about tax file numbers

1061ZZBP Secretary may request person obtaining financial supplement to give statement of person’s tax file number

1061ZZBQ Secretary may request person obtaining financial supplement to give statement of parent’s tax file number

Subdivision B—Notice of events or changes in circumstances

1061ZZBR Secretary may give notice requiring information

1061ZZBS Event or change relevant to payment

1061ZZBT Formalities related to notice

1061ZZBU Validity of notice

1061ZZBV Period within which information to be given

1061ZZBW Refusal or failure to comply with notice

1061ZZBX Application overseas

Subdivision C—Notice about a matter relevant to payment of financial supplement

1061ZZBY Secretary may give notice requiring statement on matter

1061ZZBZ Formalities related to notice

1061ZZCA Validity of notice

1061ZZCB Period within which statement to be given

1061ZZCC Statement must be in approved form

1061ZZCD Refusal or failure to comply with notice

1061ZZCE Application overseas

Division 13—Early repayments of financial supplement

Subdivision A—Calculation and notification of amount outstanding under financial supplement contract

1061ZZCF Application of Subdivision

1061ZZCG Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made

1061ZZCH Calculation of amount outstanding under financial supplement contract at a later time

1061ZZCI Notification of amount outstanding

Subdivision B—Person’s rights to make repayments during contract period

1061ZZCJ Person not required to, but may, make repayments during contract period

1061ZZCK What happens if person makes an excess repayment

1061ZZCL Amount repaid not to include certain amounts

1061ZZCM How to work out discount

1061ZZCN Effect of making a repayment during contract period

1061ZZCO Rights and liabilities of participating corporation if repayment made

Subdivision C—What happens at the end of the contract period

1061ZZCP Corporation’s rights at end of contract period

1061ZZCQ Termination notice

1061ZZCR Secretary may give notice correcting information in previous notice

1061ZZCS Person may request notice to be corrected

1061ZZCT Effect of notices and requests

Part 2B.2—Payments of financial supplement under scheme to stop in certain circumstances

Division 1—Payments to stop at request of recipient

1061ZZCU Person may ask for payment to stop

1061ZZCV Effect of notice

Division 2—Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount

Subdivision A—Notice that payments are to stop

1061ZZCW Secretary must give notice to person and corporation

1061ZZCX Effect of notice

1061ZZCY This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Original amount paid because person failed to notify change of circumstances

1061ZZCZ Secretary may give notice to person and corporation

1061ZZDA Effect of notice

1061ZZDB Transfer of corporation’s rights to Commonwealth

1061ZZDC Apportionment of financial supplement

1061ZZDD Liability of Commonwealth to corporation

1061ZZDE Liability of person to Commonwealth

1061ZZDF This Subdivision not to affect Subdivision A

Subdivision C—Original amount paid because of false or misleading information

1061ZZDG Secretary may give notice to person and corporation

1061ZZDH Effect of notice

1061ZZDI Transfer of corporation’s rights to Commonwealth

1061ZZDJ Apportionment of financial supplement

1061ZZDK Liability of Commonwealth to corporation

1061ZZDL Liability of person to Commonwealth

1061ZZDM This Subdivision not to affect Subdivision A

Division 3—Payments to stop if person ceases to be eligible to obtain financial supplement

Subdivision A—Notice that payments are to stop

1061ZZDN Secretary must give notice to person and corporation

1061ZZDO Effect of notice

1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Financial supplement paid because person failed to notify change of circumstances

1061ZZDQ Secretary may give notice to person and corporation

1061ZZDR Effect of notice

1061ZZDS Transfer of corporation’s rights to Commonwealth

1061ZZDT Apportionment of financial supplement

1061ZZDU Liability of Commonwealth to corporation

1061ZZDV Liability of person to Commonwealth

1061ZZDW This Subdivision not to affect Subdivision A

Division 4—Payments to stop if person is found never to have been eligible to obtain financial supplement

Subdivision A—Notice that payments are to stop

1061ZZDX Secretary must give notice to person and corporation

1061ZZDY Effect of notice

1061ZZDZ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT

Subdivision B—Financial supplement paid because of false or misleading information

1061ZZEA Secretary may give notice to person and corporation

1061ZZEB Effect of notice

1061ZZEC Transfer of corporation’s rights to Commonwealth

1061ZZED Liability of Commonwealth to corporation

1061ZZEE Liability of person

1061ZZEF Definitions

1061ZZEG This Subdivision not to affect Subdivision A

Division 5—Payments to stop if person dies

1061ZZEH Secretary may give notice to corporation if other party to contract dies

1061ZZEI Effect of notice

1061ZZEJ Discharge of corporation’s liability

1061ZZEK Transfer of corporation’s rights to Commonwealth

1061ZZEL Liability of Commonwealth to corporation

1061ZZEM Discharge of person’s liability

Part 2B.3—Repayment of financial supplement through taxation system after termination date

Division 1—Purpose and application of Part

1061ZZEN Purpose and application of Part

1061ZZENA Extent of Commissioner of Taxation’s general administration of this Part

Division 2—FS debt and accumulated FS debt

1061ZZEO FS debt owed by person

1061ZZEP How to work out FS debt

1061ZZEQ Accumulated FS debt incurred by person

1061ZZER How to work out accumulated FS debt

1061ZZES Adjusted accumulated FS debt

1061ZZET Indexation factor

1061ZZEU Accumulated FS debt discharges earlier debts

Division 3—Information to be given to Commissioner of Taxation

1061ZZEV Secretary to give notice to Commissioner of Taxation

1061ZZEW Secretary to give further notice to Commissioner of Taxation

1061ZZEX Secretary to give certificate to Commissioner of Taxation

Division 4—Voluntary repayments of FS debts

1061ZZEY Voluntary repayments of FS debts

1061ZZEYA Refunding of payments

Division 5—Compulsory repayments in respect of accumulated FS debt

1061ZZEZ Compulsory payments in respect of accumulated FS debt

1061ZZFA Repayment income

1061ZZFB Minimum repayment income

1061ZZFC Repayable debt for an income year

1061ZZFD Amounts payable to the Commonwealth

Division 6—Application of tax legislation

1061ZZFG Application of tax legislation

1061ZZFGA Charges and administrative penalties for failing to meet obligations

1061ZZFGB Pay as you go (PAYG) withholding

1061ZZFGD Pay as you go (PAYG) instalments

Division 7—Assessments

1061ZZFH Commissioner of Taxation may make assessment

1061ZZFI Notice of assessment may be served

Division 8—Commissioner of Taxation may delay assessment

1061ZZFJ Commissioner of Taxation may delay assessment

1061ZZFK Commissioner of Taxation may amend assessment

1061ZZFL When Commissioner of Taxation must make decision to delay or amend assessment

Division 9—Review of Commissioner of Taxation’s decision

1061ZZFM Application to ART

Division 10—Treatment of payments under financial supplement scheme

1061ZZFN Payments not subject to taxation

1061ZZFO Application of payments

1061ZZFP Debt discharged by death

Part 2B.4—Miscellaneous

Division 1—Application of the Bankruptcy Act 1966

1061ZZFQ Application of Division

1061ZZFR Treatment of debt

Division 2—Review of decisions

1061ZZFS What happens if a decision of the Secretary is set aside

1061ZZFT What happens if a decision of the Secretary is varied

Division 3—Transfer of rights under this Chapter

1061ZZFU Notices of transfer

1061ZZFV Transfers not subject to State or Territory taxes

Chapter 2C—Assurances of support

Part 2C.1—Giving assurances

1061ZZGA What is an assurance of support?

1061ZZGB Who may give an assurance of support?

1061ZZGC How to give an assurance of support

Part 2C.2—Acceptance of assurances

1061ZZGD Accepting or rejecting an assurance of support

1061ZZGE Notices relating to an assurance of support

Part 2C.3—Effect of accepted assurances

1061ZZGEA Assurance cannot be withdrawn once visa issued

1061ZZGF When an accepted assurance is in force

1061ZZGG Liability to pay for social security payments

Part 2C.4—Determinations

1061ZZGH Determinations

Part 2C.5—Assurances by unincorporated bodies

1061ZZGI Application of social security law to unincorporated bodies

Chapter 2D—Arrangements and grants relating to assisting persons to obtain and maintain paid work

1062 Simplified outline of this Chapter

1062A Arrangements and grants relating to assisting persons to obtain and maintain paid work

1062B Constitutional limits

1062C Executive power of the Commonwealth

1062D Inclusion of information in annual report

1062DA Application of Administration Act

Chapter 3—General provisions relating to payability and rates

Part 3.1—Rate Calculators (General)

1062E Steps in rate calculation

1063 Standard categories of family situations

Part 3.2—Pension Rate Calculator A

1064 Rate of age and disability support pensions and carer payment (people who are not blind)

Pension Rate Calculator A

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module C—Energy supplement

Module E—Ordinary income test

Module F—Ordinary income for the purposes of disability support pension

Module G—Assets test

Module H—Remote area allowance

Part 3.3—Pension Rate Calculator B

1065 Rate of age and disability support pension (blind people)

Pension Rate Calculator B

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module C—Energy supplement

Module E—Remote area allowance

Part 3.4A—Pension Rate Calculator D

1066A Rate of disability support pension (people under 21 who are not blind)

Pension Rate Calculator D

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Youth disability supplement

Module D—Pharmaceutical allowance

Module F—Ordinary income test

Module G—Payments taken to be ordinary income

Module H—Assets test

Module I—Remote area allowance

Part 3.4B—Pension Rate Calculator E

1066B Rate of disability support pension (people under 21 who are blind)

Pension Rate Calculator E

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Youth disability supplement

Module D—Pharmaceutical allowance

Module F—Remote area allowance

Part 3.5—Youth Allowance Rate Calculator

1067 Definitions

1067A When a person is regarded as independent

1067B Accommodated independent person

1067C Member of a YA couple

1067D Person required to live away from home

1067E Person living at home

1067F Long term income support student

1067G Rate of youth allowance

Youth Allowance Rate Calculator

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Energy supplement

Module C—Pharmaceutical allowance

Module D—Youth disability supplement

Module E—Person’s reduction for parental income

Module F—Parental income test

Submodule 1—Parental income test result

Submodule 2—Exemption from parental income test

Submodule 3—Appropriate tax year

Submodule 4—Combined parental income

Submodule 5—Parental income free area

Submodule 6—If person’s combined parental income exceeds parental income free area

Module GA—Maintenance income test

Submodule 1—Maintenance income test result

Submodule 2—Exemption from maintenance income test

Submodule 3—Annualised amount of maintenance income for parent of a person

Submodule 4—Maintenance income free area

Module H—Income test

Module J—Student income bank

Module K—Remote area allowance

Module L—Table of pensions, benefits, allowances and compensation

Part 3.5A—Austudy Payment Rate Calculator

1067H Definitions

1067J Person living at home

1067K Long term income support student

1067L Rate of austudy payment

Austudy Payment Rate Calculator

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module BB—Energy supplement

Module C—Pharmaceutical allowance

Module D—Income test

Module E—Student income bank

Module F—Remote area allowance

Part 3.6—Benefit Rate Calculator B

1068 Rate of jobseeker payment

Benefit Rate Calculator B

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module C—Energy supplement

Module D—Pharmaceutical allowance

Module G—Income test

Module J—Remote area allowance

Part 3.6A—Parenting Payment Rate Calculator

1068A Rate of parenting payment—pension PP (single)

Pension PP (Single) Rate Calculator

Module A—Overall rate calculation process

Module B—Maximum basic rate

Module BA—Pension supplement

Module BB—Energy supplement

Module C—Pharmaceutical allowance

Module E—Ordinary income test

Module F—Remote area allowance

1068B Rate of parenting payment—PP (partnered)

Benefit PP (Partnered) Rate Calculator

Module A—Overall rate calculation process

Module C—Maximum basic rate

Module D—Income test

Module DA—Pension supplement

Module DB—Energy supplement

Module E—Pharmaceutical allowance

Module G—Remote area allowance

Part 3.7—Rent assistance

Division 1—Operation of this Part

1070 When this Part applies

1070A Effect of this Part

Division 2—Qualification for rent assistance

1070B Qualification—general rule

1070C Common requirements (about aged care residence, home ownership and rent)

1070D Specific requirement (carer payments and certain age and disability support pensions)

1070E Specific requirement (certain parenting payments)

1070F Specific requirement (certain disability support pensions)

1070G Specific requirement (youth allowance)

1070H Specific requirement (austudy payment and jobseeker payment)

1070J Specific requirement (certain parenting payments)

Division 3—Rate of rent assistance

1070K Rate depends on social security payment and family situation

1070L Rate for carer payments and certain age and disability support pensions

1070M Rate for certain parenting payments

1070N Rate for disability support pension (person aged under 18)

1070P Rate for disability support pension (person aged between 18 and 21)

1070Q Rate for youth allowance, austudy payment and jobseeker payment

1070R Rate for certain parenting payments

Division 4—Certain concepts used in this Part

1070S Division has effect for purposes of Part

1070T Rent threshold amount

1070U Fortnightly rent

1070V Rent paid by a member of certain couples

1070W Partner with a rent increased pension

1070X Partner with a rent increased benefit

Part 3.9—Seniors Health Card Income Test Calculator

1071 Seniors Health Card Income Test Calculator

Seniors Health Card Income Test Calculator

Part 3.9A—Health Care Card Income Test Calculator

1071A Health care card income test

Health Care Card Income Test Calculator

Part 3.10—General provisions relating to the ordinary income test

Division 1—Ordinary income concept and treatment of certain income amounts

1072 General meaning of ordinary income

1072A Treatment of certain lump sum payments

1073 Certain amounts taken to be received over 12 months

Division 1AAA—Work bonus

1073AA Work bonus

1073AAA Meaning of gainful work

1073AB Unused concession balance

Division 1AA—Employment income attribution rules

1073A Attribution of employment income paid in respect of a particular period or periods

1073B Attribution of employment income paid monthly

1073BA Attribution of employment income paid not in respect of a particular period

1073BB Antiavoidance

1073BC Exclusion of certain payments

1073BD Daily attribution of employment income for amounts not elsewhere covered in this Division

1073C Fortnightly or yearly expression of attributed employment income

Division 1AB—Working credit accrual and depletion rules and their consequences

1073D To whom do working credit accrual and depletion rules apply?

1073E Opening balance

1073F Working out accruals and depletions of working credit for social security beneficiaries

1073G Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary

1073H Working out accruals and depletions of working credit for social security pensioners

1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner

1073J Working credit balance prevents loss of qualification in certain cases

Division 1A—Business income

1074 Ordinary income from a business—treatment of trading stock

1075 Permissible reductions of business income

Division 1B—Income from financial assets (including income streams (short term) and certain income streams (long term))

1076 Deemed income from financial assets—persons other than members of couples

1077 Deemed income from financial assets—members of pensioner couples

1078 Deemed income from financial assets—members of nonpensioner couples

1081 Deeming threshold

1082 Below threshold rate, above threshold rate

1083 Actual return on financial assets not treated as ordinary income

1084 Certain money and financial investments not taken into account

1084A Valuation and revaluation of certain financial investments

Division 1C—Income from income streams not covered by Division 1B

Subdivision B—Income streams that are not family law affected income streams

1097A Scope of Subdivision

1098 Income from assettest exempt income stream

1099 Income—income stream not a defined benefit income stream or a military invalidity pension income stream

1099A Income—income stream is a defined benefit income stream

1099AAA Income—income stream is a military invalidity pension income stream

1099AA Income from marketlinked assettest exempt income stream

1099B Income from assettested income stream (long term)

1099C Income—assettested income stream (long term) that is not a defined benefit income stream

1099D Income—assettested income stream (long term) that is a defined benefit income stream

1099DAA Income from certain lowpayment assettested income streams

1099DAB Income—assettested income stream (lifetime)

Subdivision C—Family law affected income streams

1099DA Scope of Subdivision

1099DB Income from assettest exempt income streams

1099DC Income from assettested income stream (long term)

1099DCA Income from assettested income stream (lifetime)

1099DD Decisionmaking principles

Division 1D—Aged care accommodation bonds: certain transactions before 6 November 1997

1099E Scope of Division

1099F Exempt bond amount does not count as income

1099G Person’s ordinary income reduced using financial asset rules

1099H Meaning of exempt bond amount

Division 1E—Refunds to charge exempt residents

1099J Scope of Division

1099K Refunded amount does not count as income

1099L Person’s ordinary income reduced using financial asset rules

1099M Application of Division

Division 2—Conversion of foreign currency amounts

1100 How value of a payment received in a foreign currency is to be determined

1100A Determining value of a payment originally denominated in a foreign currency but made in Australian currency

Division 3—Disposal of ordinary income

1106 Disposal of ordinary income

1107 Amount of disposition

1108 Disposal of ordinary income—individuals

1109 Disposal of ordinary income—members of couples

1111 Dispositions more than 5 years old to be disregarded

Part 3.12—General provisions relating to the assets test

Division 1—Value of person’s assets

1118 Certain assets to be disregarded in calculating the value of a person’s assets

1118A Value of superannuation investments determined by Minister to be disregarded

1118AA Value of assets reduced by amounts received from Mark Fitzpatrick Trust

1118AB Value of person’s assets reduced: certain transactions to do with aged care accommodation bonds

1118AC Value of person’s assets reduced: refunds to charge exempt residents

1119 Value of assettested income streams that are not defined benefit income streams, assettested income streams (lifetime) or family law affected income streams

1120 Value of assettested income streams that are defined benefit income streams

1120AA Value of assettested income streams (lifetime) that are managed investments

1120AB Value of assettested income streams (lifetime) that are not managed investments

1120A Value of assettested FLA income streams

1120B Value of partially assettest exempt income streams

1120C Value of superannuation reserves for superannuation funds of 4 members or less

1121 Effect of charge or encumbrance on value of assets

1121A Effect of certain liabilities on value of assets used in primary production

1121B Value of life policy

1122 Loans

Division 2—Disposal of assets

1123 Disposal of assets

1124 Amount of disposal or disposition

1124A Disposal of assets in prepension years—individuals

1125 Disposal of assets in pension years—individuals

1125A Disposal of assets in prepension years—members of couples

1126 Disposal of assets in pension years—members of couples

1126AA Disposal of assets in income year—individuals

1126AB Disposals of assets in 5 year period—individuals

1126AC Disposal of assets in income year—members of couples

1126AD Disposal of assets in 5 year period—members of couples

1126A Disposal of assets in prepension year—family members

1126B Disposal of assets in pension year—family members

1126C Disposal of assets in income year—family members

1126D Disposals of assets in 5 year period—family members

1126E Modification of this Division in respect of certain assets

1127 Disposition more than 5 years old to be disregarded

1127A Division does not apply for purposes of care receiver assets test

Division 3—Financial hardship

1129 Access to financial hardship rules—pensions

1130 Application of financial hardship rules—pensions

1130A Division does not apply for purposes of care receiver assets test

1130B Access to financial hardship rules—pension PP (single)

1130C Application of financial hardship rules—pension PP (single)

1131 Access to financial hardship rules—benefits

1132 Application of financial hardship rules—benefits

Division 4—Pension loans scheme

1133AA Pension loans scheme definitions

1133 Qualification for participation in pension loans scheme

1134 Effect of participation in pension loans scheme—pension rate

1134A Pension loans scheme advance payment

1135 Effect of participation in pension loans scheme—creation of debt

1135A Effect of participation in pension loans scheme—maximum loan available

1136 Need for a request to participate

1137 Need for a request to later nominate or change nominated amount or rate of pension

1137AA Need for a request for a pension loans scheme advance payment

1137A Nonreceipt of social security pension or social security payment

1138 Existence of debt results in charge over real assets

1139 Debt not to be recovered until after death

1140 Enforcement of charge

1141 Person ceases to participate in pension loans scheme if debt exceeds maximum loan available

1141A Secretary may cease person’s participation in pension loans scheme

1142 Person withdraws from pension loans scheme

1142A Repayment or recovery of debt after pension loans scheme ceases to operate

1143 Registration of charge

1144 Manner of enforcement of charge

1144AA No negative equity guarantee

1144A Division does not apply for purposes of care receiver assets test

Division 5—Provisions relating to special residences and special residents

Subdivision A—General

1145A Application of Division to granny flat residents

1146 Basis for different treatment

1147 Entry contribution

1148 Extra allowable amount

1149 Renegotiation of retirement village agreement

Subdivision B—Residents who are not members of a couple

1150 Residents who are not members of a couple

Subdivision C—Residents who are members of couple and share principal home

1151 Members of couples

Subdivision D—Residents who are members of illness separated couple

1152 Members of illness separated couples (both in special residences)

1153 Members of illness separated couples (partner not in special residence and partner homeowner)

1154 Members of illness separated couples (partner not in special residence and partner not homeowner)

Subdivision E—Residents who are members of ordinary couple with different principal homes

1155 Members of ordinary couple with different principal homes (both in special residences)

1156 Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)

1157 Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)

 

 

Student startup loans are social security payments that are incomecontingent loans.

Broadly, fulltime students who are receiving youth allowance or austudy might be qualified for a student startup loan. A person can qualify for up to 2 loans each calendar year. To receive a loan, a person must make a claim before the end of the relevant period for each loan.

Once the person’s income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other incomecontingent loan schemes, the person must start repaying debt in relation to student startup loans.

 

Broadly, fulltime students who are receiving youth allowance or austudy might be qualified for a student startup loan. A person can qualify for up to 2 loans each calendar year.

Receiving youth allowance

 (1) A person is qualified for a student startup loan for a qualification period if:

 (a) on the person’s qualification test day for the period:

 (i) the person is qualified for youth allowance and youth allowance is payable to the person; and

 (ii) the person is receiving youth allowance and would be receiving youth allowance if steps 2 and 3 of the method statement in point 1067GA1 of the Youth Allowance Rate Calculator were disregarded for the purposes of working out the person’s rate of that allowance; and

 (iii) the person is qualified for youth allowance under section 540 in circumstances where subparagraph 540(1)(a)(i) (about fulltime study) applies and the relevant course of education is an approved scholarship course; and

 (b) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after that qualification test day; and

 (c) the person notifies the Secretary of the person’s tax file number.

Note 1: For approved scholarship course, see section 592M.

Note 2: If the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day, the amount of the loan might become an immediately recoverable debt, rather than an incomecontingent SSL debt: see subsection 1223ABF(1).

Receiving austudy payment

 (2) A person is qualified for a student startup loan for a qualification period if:

 (a) on the person’s qualification test day for the period:

 (i) the person is qualified for austudy payment and austudy payment is payable to the person; and

 (ii) the person is receiving austudy payment and would be receiving austudy payment if steps 2 and 2A of the method statement in point 1067LA1 of the Austudy Payment Rate Calculator were disregarded for the purposes of working out the person’s rate of that payment; and

 (iii) the person is qualified for austudy payment under section 568 in circumstances where subsection 569(1) (about qualifying study) applies and the relevant course of education is an approved scholarship course; and

 (b) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after that qualification test day; and

 (c) the person notifies the Secretary of the person’s tax file number.

Note 1: For approved scholarship course, see section 592M.

Note 2: The person might incur a debt if the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day: see subsection 1223ABF(1).

Qualification test day

 (3) A person’s qualification test day for a qualification period is the earliest of the following:

 (a) the day the Secretary determines the person’s claim for a student startup loan for the qualification period;

 (b) if the approved scholarship course ends in the qualification period—the last day of the approved scholarship course;

 (c) the last day of the qualification period.

  Despite section 1061ZVBB, a person is not qualified for a student startup loan for a qualification period if:

 (a) immediately before the person’s qualification test day for the period:

 (i) a determination is in effect that the person is qualified for a student startup loan for the qualification period; or

 (ii) a determination is in effect that the person is qualified for an ABSTUDY student startup loan under the Student Assistance Act 1973 for the qualification period; or

 (b) in the period of 6 months ending immediately before that qualification test day, the person:

 (i) has received a payment known as a student startup scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; or

 (ii) has received a payment known as a student startup scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

 (iii) has received the amount or value of a disqualifying education costs scholarship; or

 (iv) was entitled to the amount or value of a disqualifying education costs scholarship but has not received the full entitlement only because the scholarship was suspended.

  The amount of a student startup loan for which a person is qualified is $1,025.

Note: The amount of the loan is to be indexed on each 1 January in line with CPI increases (see sections 1190 to 1194).

A person incurs an SSL debt if the person receives a student startup loan (except in certain circumstances when the loan is required to be recovered as a social security debt under this Act).

Each SSL debt is incorporated into the person’s accumulated SSL debt. This accumulated SSL debt forms the basis for working out the amounts the person is obliged to repay.

 (1) A person incurs an SSL debt to the Commonwealth if the person is paid a student startup loan for a qualification period.

 (2) The SSL debt is incurred by the person on the later of:

 (a) the day the person was paid the loan; and

 (b) the day after the person’s enrolment test day for the qualification period.

Note: For enrolment test day, see subsection (5).

 (3) The amount of the person’s SSL debt is the amount of the loan, reduced by any amount repaid before the day on which the debt is incurred.

 (4) Despite subsection (1), an SSL debt is not incurred, and is taken never to have been incurred, in relation to a loan if:

 (a) the loan has been fully repaid before the day on which the SSL debt in respect of the loan would be incurred; or

 (b) the amount of the loan is a debt under section 1223 or 1223ABF; or

 (c) the Secretary has formed an opinion under subsection 1223ABF(3) in relation to the loan (relating to exceptional circumstances beyond the person’s control).

 (5) A person’s enrolment test day, for a qualification period, is the earliest of the following days:

 (a) if the relevant approved scholarship course ends in the qualification period—the last day of that approved scholarship course;

 (b) the last day of the qualification period;

 (c) the 35th day of the period starting on whichever of the following applies:

 (i) if the person’s qualification test day for the qualification period was before the first day of the relevant approved scholarship course—the first day of that approved scholarship course;

 (ii) otherwise—the qualification test day.

Note: For approved scholarship course, see section 592M.

  Upon the death of a person who owes an SSL debt to the Commonwealth, the debt is taken to have been paid.

Note: SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

 (1) If a person incurs an SSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person.

 (2) The Secretary may include in the notice any other details the Commissioner requests for the purpose of ensuring the Commissioner has the information needed to exercise powers or perform functions of the Commissioner under this Act.

There are 2 stages to working out a person’s accumulated SSL debt for a financial year.

In stage 1, the person’s former accumulated SSL debt is worked out by adjusting the preceding financial year’s accumulated SSL debt to take account of:

 (a) the HELP debt indexation factor for 1 June in that financial year; and

 (b) the debts that the person incurs during the last 6 months of the preceding financial year; and

 (c) voluntary SSL repayments of the debt; and

 (d) compulsory SSL repayment amounts in respect of the debt.

In stage 2, the person’s accumulated SSL debt is worked out from:

 (a) the person’s former accumulated SSL debt; and

 (b) the SSL debts that the person incurs during the first 6 months of the financial year; and

 (c) voluntary SSL repayments of those debts.

 (1) A person’s former accumulated SSL debt, in relation to the person’s accumulated SSL debt for a financial year, is worked out by multiplying:

 (a) the amount worked out using the following method statement; by

 (b) the HELP debt indexation factor for 1 June in that financial year.

Method statement

Step 1. Take the person’s accumulated SSL debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated SSL debt for that financial year.)

Step 2. Add the sum of all of the SSL debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year.

Step 3. Subtract the sum of the amounts by which the person’s debts referred to in steps 1 and 2 are reduced because of any voluntary SSL repayments that have been made during the period:

 (a) starting on 1 June in the immediately preceding financial year; and

 (b) ending immediately before the next 1 June.

Step 4. Subtract the sum of all of the person’s compulsory SSL repayment amounts that:

 (a) were assessed during that period (excluding any assessed as a result of a return given before that period); or

 (b) were assessed after the end of that period as a result of a return given before the end of that period.

Step 5. Subtract the sum of the amounts by which any compulsory SSL repayment amount of the person is increased (whether as a result of an increase in the person’s taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

Step 6. Add the sum of the amounts by which any compulsory SSL repayment amount of the person is reduced (whether as a result of a reduction in the person’s taxable income of an income year or otherwise) by an amendment of an assessment made during that period.

 (2) For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice.

 (1) A person’s accumulated SSL debt, for a financial year, is worked out as follows:

Start formula Former accumulated SSL debt plus SSL debts incurred minus SSL debt repayments end formula

where:

former accumulated SSL debt is the person’s former accumulated SSL debt in relation to that accumulated SSL debt.

SSL debt repayments is the sum of all of the voluntary SSL repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the SSL debts incurred in that year.

SSL debts incurred is the sum of the amounts of all of the SSL debts (if any) that the person incurred during the first 6 months of the financial year.

 (2) The person incurs the accumulated SSL debt on 1 June in the financial year.

 (1) If, apart from this section, a person’s accumulated SSL debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents.

 (2) If, apart from this section, a person’s accumulated SSL debt would be an amount of less than $1.00, the person’s accumulated SSL debt is taken to be zero.

 (1) The accumulated SSL debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of:

 (a) any SSL debt that the person incurred during the calendar year immediately preceding that day; and

 (b) any accumulated SSL debt that the person incurred on the immediately preceding 1 June.

 (2) Nothing in subsection (1) affects the application of Division 2 of this Part or sections 1061ZVEB and 1061ZVEC.

 (1) Upon the death of a person who has an accumulated SSL debt, the accumulated SSL debt is taken to be discharged.

 (2) To avoid doubt, this section does not affect any compulsory SSL repayment amounts required to be paid in respect of the accumulated SSL debt, whether or not those amounts were assessed before the person’s death.

Note: Accumulated SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

A person who owes a debt to the Commonwealth under this Chapter may make voluntary SSL repayments.

The person is required to make repayments once the person’s income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other incomecontingent loan schemes.

The amount of the repayments is based on the person’s income.

The Commissioner makes assessments of repayment amounts, which are collected in the same way as amounts of income tax.

 (1) The debts under this Chapter are:

 (a) SSL debts; and

 (b) accumulated SSL debts.

 (2) To avoid doubt, debts that arise under the following sections are not debts under this Chapter:

 (a) section 1223 (Debts arising from lack of qualification, overpayment etc.);

 (b) section 1223ABF (Debts in respect of student startup loans).

 (1) A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Chapter.

 (2) The payment must be made to the Commissioner.

 (1) Any money a person pays under this Division to meet the person’s debts to the Commonwealth under this Chapter is to be applied in payment of those debts as the person directs at the time of the payment.

 (2) If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows:

 (a) first, in discharge or reduction of any accumulated SSL debt of the person;

 (b) second, in discharge or reduction of:

 (i) any SSL debt of the person; or

 (ii) if there is more than one such debt, those debts in the order in which they were incurred.

  If:

 (a) a person pays an amount to the Commonwealth under this Division; and

 (b) the amount exceeds the sum of:

 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

 (ii) the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

 (1) If:

 (a) a person’s HELP repayment income for an income year exceeds the minimum HELP repayment income for the income year; and

 (b) on 1 June immediately preceding the making of an assessment in respect of the person’s income of that income year, the person had an accumulated SSL debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, so much of the person’s repayable SSL debt for the income year as does not exceed the amount worked out using the formula:

Start formula Applicable percentage of repayment income minus Relevant income-contingent loans liability end formula

where:

applicable percentage of repayment income means the amount that is the percentage of the person’s HELP repayment income applicable under the table in section 15420 of the Higher Education Support Act 2003.

relevant incomecontingent loans liability means the amount that is the sum of the following:

 (a) the sum of any amounts the person is liable to pay under section 1541 or 15416 of the Higher Education Support Act 2003 in respect of the income year;

 (aa) the sum of any amounts the person is liable to pay under section 23EA or 23EC of the VET Student Loans Act 2016 in respect of the income year;

 (b) the sum of any amounts the person is liable to pay under section 1061ZZEZ of this Act, or section 12ZK of the Student Assistance Act 1973, in respect of the income year.

 (2) A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

 (3) A person is not liable under this section to pay an amount for an income year if, under section 8 of the Medicare Levy Act 1986:

 (a) no Medicare levy is payable by the person on the person’s taxable income for the income year; or

 (b) the amount of the Medicare levy payable by the person on the person’s taxable income for the income year is reduced.

 (1) A person’s repayable SSL debt for an income year is:

 (a) the person’s accumulated SSL debt referred to in paragraph 1061ZVHA(1)(b) in relation to that income year; or

 (b) if one or more amounts:

 (i) have been paid in reduction of that debt; or

 (ii) have been assessed under section 1061ZVHC to be payable in respect of that debt;

  the amount (if any) remaining after deducting from that debt any amounts referred to in subparagraph (i) or (ii).

 (2) A reference in paragraph (1)(b) of this section to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

  The Commissioner may, from any information in the Commissioner’s possession, whether from a return or otherwise, make an assessment of:

 (a) the person’s accumulated SSL debt on 1 June immediately before the making of the assessment; and

 (b) the amount required to be paid in respect of the person’s repayable SSL debt under section 1061ZVHA.

  If:

 (a) the Commissioner is required to serve on a person a notice of assessment in respect of the person’s income of an income year under section 174 of the Income Tax Assessment Act 1936; and

 (b) the Commissioner has made, in respect of the person, an assessment under paragraph 1061ZVHC(b) of this Act of the amounts referred to in that paragraph; and

 (c) notice of the assessment under that paragraph has not been served on the person;

notice of the assessment under that paragraph may be served by specifying the amounts concerned in the notice referred to in paragraph (a).

 (1) A person may apply in the approved form to the Commissioner for deferral of the making of an assessment in respect of the person under section 1061ZVHC.

 (2) The application must specify:

 (a) the income year for which the deferral is being sought; and

 (b) the reasons for seeking the deferral.

 (3) The income year specified in the application must be:

 (a) the income year in which the person makes the application; or

 (b) the immediately preceding income year; or

 (c) the immediately succeeding income year.

 (4) The Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 1061ZVHC if the Commissioner is of the opinion that:

 (a) if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or

 (b) there are other special reasons that make it fair and reasonable to defer making the assessment.

 (5) The Commissioner may defer making the assessment for any period that he or she thinks appropriate.

 (6) The Commissioner must, as soon as practicable after an application is made under this section:

 (a) consider the matter to which the application relates; and

 (b) notify the applicant of the Commissioner’s decision on the application.

Note: Deferrals of making assessments, or refusals of applications, are reviewable under Division 2A of Part 4 of the Administration Act.

 (1) A person may apply in the approved form to the Commissioner for an amendment of an assessment made in respect of the person under section 1061ZVHC so that:

 (a) the amount payable under the assessment is reduced; or

 (b) no amount is payable under the assessment.

 (2) The application:

 (a) must be made within 2 years after the day on which the Commissioner gives notice of the assessment to the person; or

 (b) must specify the reasons justifying a later application.

 (3) The Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 1061ZVHC so that:

 (a) the amount payable under the assessment is reduced; or

 (b) no amount is payable under the assessment;

if the Commissioner is of the opinion that:

 (c) payment of the assessed amount has caused or would cause serious hardship to the person; or

 (d) there are other special reasons that make it fair and reasonable to make the amendment.

 (4) The Commissioner must, as soon as practicable after an application is made under this section:

 (a) consider the matter to which the application relates; and

 (b) notify the applicant of the Commissioner’s decision on the application.

Note: Amendments of assessments, or refusals of applications, are reviewable under Division 2A of Part 4 of the Administration Act.

 

The Secretary and the Commissioner may share information about tax file numbers for the purposes of administering student startup loans. The Commissioner is also responsible for the recovery of debts under this Chapter and has functions and powers to fulfil that responsibility relating to returns, assessments, collection and other administrative matters.

 (1) The Secretary may provide to the Commissioner a tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), for the purpose of verifying that the number is the person’s tax file number.

 (2) If the Commissioner is satisfied that the number is the person’s tax file number, the Commissioner may give the Secretary a written notice informing the Secretary accordingly.

 (1) If the Commissioner is satisfied:

 (a) that the tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c):

 (i) has been cancelled or withdrawn since the notification was given; or

 (ii) is otherwise wrong; and

 (b) that the person has a tax file number;

the Commissioner may give to the Secretary written notice of the incorrect notification and of the person’s tax file number.

 (2) That number is taken to be the number that the person notified to the Secretary.

 (1) If:

 (a) the Commissioner is satisfied that the tax file number that a person notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c):

 (i) has been cancelled since the notification was given; or

 (ii) is for any other reason not the person’s tax file number; and

 (b) the Commissioner is not satisfied that the person has a tax file number;

the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

 (2) The Commissioner must give a copy of any notice under subsection (1) to the person concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

 (1) If the Commissioner issues, to a person who has notified a tax file number to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), a new tax file number in place of a tax file number that has been withdrawn, the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

 (2) That new number is taken to be the number that the person notified to the Secretary.

 (1) If the Commissioner cancels a tax file number issued to a person who has notified the tax file number to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

 (2) The Commissioner must give a copy of any notice under subsection (1) to the person concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

  Subject to Part 2AA.4 and this Part:

 (a) Part IV of the Income Tax Assessment Act 1936; and

 (b) Division 5 of the Income Tax Assessment Act 1997; and

 (c) Part 415 in Schedule 1 to the Taxation Administration Act 1953;

apply, so far as they are capable of application, in relation to a compulsory SSL repayment amount of a person as if it were income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936.

 (1) Part 425 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

 (a) any compulsory SSL repayment amount of a person were income tax payable by the person in respect of the income year in respect of which the assessment of that debt was made; and

 (b) paragraphs 1061ZVBB(1)(c) and (2)(c), and Parts 2AA.3 and 2AA.4 and this Part, were income tax laws.

 (2) Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

  Part 25 (other than section 1255 and Subdivisions 12E, 12F and 12G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a compulsory SSL repayment amount of a person as if the compulsory SSL repayment amount were income tax.

  Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a compulsory SSL repayment amount of a person as if the compulsory SSL repayment amount were income tax.

  The Commissioner has the general administration of:

 (a) paragraphs 1061ZVBB(1)(c) and (2)(c); and

 (b) Parts 2AA.3 and 2AA.4 and this Part; and

 (c) Division 2A of Part 4 of the Administration Act (Internal review of certain Commissioner decisions relating to student startup loans).

Note: One effect of this is that these provisions are taxation laws for the purposes of the Taxation Administration Act 1953.

Note: Section 19AB contains many of the definitions that are relevant to the provisions of this Chapter.

  The object of this Chapter is to establish a Student Financial Supplement Scheme enabling certain tertiary students to obtain a repayable financial supplement by entering into a contract for that purpose with a financial corporation that participates in the scheme.

 (1) The scheme provides for the reduction of the rate of youth allowance, austudy payment or pensioner education supplement payable to a person who obtains financial supplement.

 (2) The scheme contains provisions under which the amount of supplement that the person is eligible to obtain depends on the total rate of youth allowance, austudy payment or pensioner education supplement that the person chooses to receive. Those provisions allow the person to choose to repay some or all of the youth allowance, austudy payment or pensioner education supplement, or to receive a lower rate of payment of such an allowance, payment or supplement, in order to receive a higher amount of financial supplement.

 (3) The scheme provides that the person is not liable to pay interest to the financial corporation in respect of financial supplement received by the person, but provides for payment by the Commonwealth, without cost to the person, to the financial corporation of a subsidy that includes an amount in lieu of interest.

 (4) The scheme provides for the amount of the financial supplement that has to be repaid under a contract to be indexed on 1 June in the year next following the year in which the contract is entered into, and on 1 June in each later year. The amount by which the supplement is increased by indexation is owed by the person to the Commonwealth and not to the financial corporation.

 (5) Under the scheme, the person is entitled, but not required, to make early repayments in respect of the supplement during the period of the contract. The scheme provides for a discount for any repayments made before the end of that period.

 (6) The scheme provides that, if financial supplement paid to a person is not repaid in full before the end of the period of the contract, the obligation to repay the outstanding amount of the supplement is transferred to the Commonwealth, and the indexed amount is repayable by the person to the Commonwealth through the taxation system when the person’s income reaches a specified level.

 (1) Subject to subsection (2), a person is eligible to obtain financial supplement for a period (an eligibility period) that is a year or a part of a year if:

 (a) the person is undertaking, or intending to undertake, a tertiary course at an educational institution throughout the period; and

 (b) the person does not undertake a course of primary or secondary education at any time during the period; and

 (c) the person is a category 1 student or a category 2 student in respect of the period; and

 (d) the amount of financial supplement that the person is eligible to obtain under Division 6 for the year is not less than the minimum amount of financial supplement.

 (2) A person is not eligible to obtain financial supplement for an eligibility period that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent.

 (1) A person is a category 1 student in respect of a period if, throughout the period, one or more of the payments referred to in this section are payable to the person.

 (2) The payment may be youth allowance if:

 (a) the person’s youth allowance general rate is more than zero; and

 (b) the youth allowance is payable because the person is undertaking fulltime study.

 (3) The payment may be austudy payment if the person’s austudy payment general rate is more than zero.

 (4) The payment may be pensioner education supplement.

 (1) A person is a category 2 student in respect of a period if:

 (a) the person is not a category 1 student in respect of the period; and

 (b) throughout the period the person is undertaking fulltime study; and

 (c) throughout the period youth allowance at the youth allowance general rate is not payable to the person only because of the operation of one or more of the following:

 (i) Module F (the parental income test) of the Youth Allowance Rate Calculator in section 1067G;

 (ii) Module G (the family actual means test) of that Calculator;

 (iii) Subdivision AB (the youth allowance assets test) of Division 2 of Part 2.11; and

 (d) if subparagraph (c)(i) applies—the person’s combined parental income for the appropriate tax year under Submodule 4 of Module F is throughout the period less than the person’s modified parental income free area; and

 (e) if subparagraph (c)(ii) applies—the actual means of the person’s family under Module G is throughout the period less than the person’s modified parental income free area; and

 (ea) if subparagraph (c)(iii) applies—the allowance would have been payable if the reference to 50% in subsection 547G(2) were instead a reference to 75%; and

 (f) neither section 1061ZZAA nor 1061ZZAB applies to the person.

 (2) For the purposes of paragraphs (1)(d) and (e), the person’s modified parental income free area is the indexed amount that would be the person’s parental income free area under point 1067GF22 if the amount of $23,400 that was specified in paragraph 1067GF22(a) when that paragraph was enacted had been $54,949.

 (1) This section applies to a person if:

 (a) the Secretary has requested the person under section 1061ZZBP to:

 (i) give the Secretary a written statement of the person’s tax file number; or

 (ii) apply to the Commissioner of Taxation for a tax file number and give the Secretary a written statement of the person’s tax file number after it has been issued; and

 (b) at the end of 28 days after the request is made, the person has neither:

 (i) given the Secretary a written statement of the person’s tax file number; nor

 (ii) given the Secretary an employment declaration and satisfied either subsection (2) or (3).

 (2) The person satisfies this subsection if:

 (a) the employment declaration states that the person:

 (i) has a tax file number but does not know what it is; and

 (ii) has asked the Commissioner of Taxation to inform him or her of the number; and

 (b) the person has given the Secretary a document authorising the Commissioner to tell the Secretary:

 (i) whether the person has a tax file number; and

 (ii) if the person has a tax file number—the tax file number; and

 (c) the Commissioner has not told the Secretary that the person has no tax file number.

 (3) The person satisfies this subsection if:

 (a) the employment declaration states that the person has applied for a tax file number; and

 (b) the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:

 (i) if a tax file number is issued to the person—the tax file number; or

 (ii) if the application is refused—that the application has been refused; or

 (iii) if the application is withdrawn—that the application has been withdrawn; and

 (c) the Commissioner has not told the Secretary that the person has not applied for a tax file number; and

 (d) the Commissioner has not told the Secretary that an application by the person for a tax file number has been refused; and

 (e) the application for a tax file number has not been withdrawn.

 (1) Subject to subsection (4), this section applies to a person if:

 (a) the person is requested under section 1061ZZBQ to give the Secretary a written statement of the tax file number of a parent of the person; and

 (b) at the end of 28 days after the request is made the person has neither:

 (i) given the Secretary a written statement of the parent’s tax file number; nor

 (ii) given the Secretary a declaration by the parent in a form approved by the Secretary and satisfied either subsection (2) or (3).

 (2) The person satisfies this subsection if:

 (a) the parent’s declaration states that the parent:

 (i) has a tax file number but does not know what it is; and

 (ii) has asked the Commissioner of Taxation to inform him or her of his or her tax file number; and

 (b) the person has given the Secretary a document signed by the parent that authorises the Commissioner to tell the Secretary:

 (i) whether the parent has a tax file number; and

 (ii) if the parent has a tax file number—the tax file number; and

 (c) the Commissioner has not told the Secretary that the parent has no tax file number.

 (3) The person satisfies this subsection if:

 (a) the parent’s declaration states that he or she has applied for a tax file number; and

 (b) the person has given the Secretary a document signed by the parent that authorises the Commissioner of Taxation to tell the Secretary:

 (i) if a tax file number is issued to the parent—the tax file number; or

 (ii) if the application is refused—that the application has been refused; or

 (iii) if the application is withdrawn—that the application has been withdrawn; and

 (c) the Commissioner has not told the Secretary that an application by the parent for a tax file number has been refused; and

 (d) the application for a tax file number has not been withdrawn.

 (4) The Secretary may waive the request for a statement of the parent’s tax file number if the Secretary is satisfied that:

 (a) the person does not know the parent’s tax file number; and

 (b) the person can obtain none of the following from the parent:

 (i) the parent’s tax file number;

 (ii) a statement of the parent’s tax file number;

 (iii) a declaration by the parent under subparagraph (1)(b)(ii).

 (1) If a person claims youth allowance, austudy payment or pensioner education supplement, the Secretary must decide whether the person is eligible to obtain financial supplement for a period that is the whole or a part of a year.

 (2) Also, if:

 (a) the Secretary has made a decision in a year that a person is eligible to obtain financial supplement for a period that is the whole or a part of that year; and

 (b) the person is likely to:

 (i) continue to undertake the person’s tertiary course in the next year; or

 (ii) undertake a new tertiary course in the next year when enrolments in the course are next accepted;

the Secretary must make a new decision, as early as practicable in the next year, about whether the person is eligible to obtain financial supplement for a period that is the whole or a part of that next year.

 (3) If the Secretary decides that the person is eligible to obtain financial supplement for a period, the Secretary must give the person a notice (a supplement entitlement notice):

 (a) stating that the person is eligible to obtain financial supplement for that period; and

 (b) specifying the minimum and maximum amounts of financial supplement that the person can obtain.

 (4) This section does not apply in relation to a period that is the whole or part of a year if the year begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent.

 (1) This section applies if:

 (a) the Secretary has made a decision under section 1061ZZAC in relation to a person; and

 (b) the Secretary has given the person a supplement entitlement notice under subsection 1061ZZAC(3) as a result of the decision; and

 (c) after the notice was given the decision is reviewed under Chapter 6; and

 (d) as a result of the review, the decision is revoked or varied.

 (2) The revocation or variation revokes the supplement entitlement notice and the notice ceases to be valid for the purpose of applying for financial supplement.

 (3) The Secretary must give the person a statement telling the person:

 (a) that the decision has been revoked, or has been varied in a manner set out in the statement, as the case may be; and

 (b) that the supplement entitlement notice has been revoked and ceases to be valid for the purpose of applying for financial supplement.

 (4) If the decision is varied and, after the variation, the person is or becomes eligible to obtain financial supplement for a period, the Secretary must give the person a notice (also a supplement entitlement notice):

 (a) stating that the person is eligible to obtain financial supplement for that period; and

 (b) specifying the minimum and maximum amounts of financial supplement that the person can obtain.

 (1) This section applies if, immediately before the commencement of this Chapter, a person held a notice given under Part 3 of the Social Security Student Financial Supplement Scheme 1998.

 (2) If the person had not used the notice before that commencement in an application for financial supplement under that Scheme, the person is eligible to obtain financial supplement under this Chapter for the period to which the notice related.

 (3) The notice is taken to be a supplement entitlement notice given under this Division.

  A person may apply for financial supplement only to a participating corporation.

 (1) The Minister may enter into an agreement, on behalf of the Commonwealth, with a financial corporation for the payment by the corporation after the commencement of this Chapter, in the year in which this Chapter commences or a later year, of financial supplement.

 (2) An agreement referred to in subsection (1) does not have any effect unless it:

 (a) is expressed to have effect subject to this Chapter; and

 (b) provides for the payment by the Commonwealth to the financial corporation, in respect of each amount of financial supplement paid by the corporation to a person that has not been repaid, or in respect of which the rights of the corporation have been transferred to the Commonwealth, of a subsidy of such amount or amounts, or at such rate or rates, and in respect of such period or periods, as are stated in the agreement.

 (3) If such an agreement is entered into, the corporation is a participating corporation for the purposes of this Chapter in respect of the year, or each year, concerned.

 (4) The parties to an agreement referred to in subsection (2) (including such an agreement as previously amended under this subsection) may enter into an agreement amending or terminating it.

 (5) The amendment or termination of an agreement does not affect any financial supplement contract that was in force immediately before the amendment or termination took effect.

 (6) If an agreement was in force, immediately before the commencement of this Chapter, between the Commonwealth and a financial corporation under section 1.7 of the Social Security Student Financial Supplement Scheme 1998, the amendment or termination of the agreement, and the commencement of an agreement under this section, do not affect any financial supplement contract made under that Scheme.

 (7) An agreement between the Commonwealth and a financial corporation is not subject to any stamp duty or other tax under a law of a State or Territory.

 (8) An officer may disclose to a participating corporation any information about a person that is relevant to the exercise or performance by the corporation of any of its rights or obligations in respect of the person under this Chapter.

 (9) A participating corporation may disclose to an officer any information about a person that is relevant to the exercise or performance of any rights, powers or obligations conferred or imposed on an officer or on the Commonwealth in respect of the person under this Chapter.

  A person who is eligible to obtain financial supplement for an eligibility period may apply to a participating corporation, during that period, for financial supplement.

  A person may only apply for financial supplement by:

 (a) completing an application form approved by the Secretary; and

 (b) lodging it, with the person’s supplement entitlement notice, at an office of a participating corporation.

  A person who has applied for financial supplement for the eligibility period may, at any time, lodge another application form approved by the Secretary at an office of the participating corporation, telling the corporation that the person requires for that period:

 (a) a specified lesser amount of financial supplement, which must be:

 (i) not less than the total amount of financial supplement already paid to the person for the period; and

 (ii) not less than the minimum amount of financial supplement in respect of the person for the year that constitutes, or includes, the eligibility period; or

 (b) a specified greater amount of financial supplement, which must be not more than the maximum amount of financial supplement in respect of the person for the period.

 (1) If the relevant eligibility period of a person who is a category 1 student is a year, the maximum amount of financial supplement for the period in respect of the person is the lesser of:

 (a) $7,000; and

 (b) the amount worked out using the following Method statement.

Method statement

Step 1. Work out the total amount of youth allowance general rate, austudy payment general rate or pensioner education supplement that would be payable to the person for the eligibility period if the person did not apply for financial supplement.

Step 2. Work out the total amount of advance payment deductions (if any) to be made from the person’s rate of youth allowance or austudy payment, under Part 3.16A, in the eligibility period.

 Subtract that total amount from the total amount worked out under Step 1.

Step 3. Work out the total amount of overpayments (if any) for the eligibility period.

 Subtract that total amount from the total amount worked out under Step 2.

Step 4. Work out the total amount of deductions (if any) that are to be paid to the Commissioner of Taxation, under section 1359, for the eligibility period.

 Note: Section 1359 provides for the deduction and payment to the Commissioner of Taxation of amounts of tax that a person is required to pay.

 Subtract that total amount from the total amount worked out under Step 3.

Step 5. Work out the total amount (if any) of youth allowance general rate, austudy payment general rate or pensioner education supplement that has already been paid for the eligibility period.

 Ignore any amount that has already been dealt with under Step 2.

 Ignore any amount that is taken never to have been paid because of section 1061ZZAW.

 Subtract the total amount from the amount worked out under Step 4.

Step 6. Multiply the amount left by 2.

Step 7. If the result is not a number of whole dollars, round the result up to the next number of whole dollars.

 (2) If the relevant eligibility period of a person who is a category 1 student is less than a year, the maximum amount of financial supplement for the period in respect of the person is the lesser of:

 (a) the amount worked out using the Method statement in subsection (1); and

 (b) the amount worked out using the following Method statement.

Method statement

Step 1. Multiply $7,000 by the number of days in the eligibility period.

Step 2. Divide the result by the number of days in the year in which the eligibility period is included.

 If the result is not a number of whole dollars, round the result up to the next number of whole dollars.

 (3) This section has effect subject to Subdivision C.

 (1) The maximum amount of financial supplement in respect of a person who is a category 2 student depends on the person’s eligibility period.

 (2) If the person is undertaking, or intends to undertake, a short course, it is necessary to work out whether the person’s eligibility period is to be changed under section 1061ZZAM.

 (3) If the person is neither undertaking, nor intending to undertake, a short course, it is necessary to work out whether the person’s eligibility period is to be changed under section 1061ZZAN.

 (1) This section explains whether, and how, to change the eligibility period for a person who is undertaking, or intending to undertake, a short course.

 (2) Subject to subsection (3), the eligibility period that would have applied to the person apart from this subsection (the eligibility period otherwise applicable) must be changed if the person applied for financial supplement more than 4 weeks after being given a supplement entitlement notice.

 (3) The Secretary may decide that the eligibility period otherwise applicable is not to be changed if the Secretary is satisfied that:

 (a) the person took reasonable steps to apply within 4 weeks after being given a supplement entitlement notice; and

 (b) circumstances beyond the person’s control prevented the person from applying within the 4 weeks; and

 (c) the person applied as soon as practicable after the circumstances stopped.

 (4) If the eligibility period otherwise applicable is to be changed, the person’s new eligibility period is the period:

 (a) starting on the later of:

 (i) the day when the person applied; and

 (ii) the start of the eligibility period otherwise applicable; and

 (b) ending when the eligibility period otherwise applicable would have ended.

 (1) This section explains whether, and how, to change the eligibility period for a person who is neither undertaking, nor intending to undertake, a short course.

 (2) Subject to subsection (3), the eligibility period that would have applied to the person apart from this subsection (the eligibility period otherwise applicable) must be changed if the person applied for financial supplement after 31 May in the year in which the period is included.

 (3) The Secretary may decide that the period is not to be changed if the Secretary is satisfied that:

 (a) the person took reasonable steps to apply within 4 weeks after being given a supplement entitlement notice; and

 (b) circumstances beyond the person’s control prevented the person from applying within the 4 weeks; and

 (c) the person applied as soon as practicable after the circumstances stopped.

 (4) If the eligibility period otherwise applicable is to be changed and the person applied before 1 October in the year, the person’s new eligibility period is the period:

 (a) starting on the later of 1 July and the start of the eligibility period otherwise applicable; and

 (b) ending when the eligibility period otherwise applicable would have ended.

 (5) If the eligibility period otherwise applicable is to be changed and the person applied on or after 1 October in the year, the person’s new eligibility period is the period:

 (a) starting on the later of:

 (i) the day when the person applied; and

 (ii) the start of the eligibility period otherwise applicable; and

 (b) ending when the eligibility period otherwise applicable would have ended.

 (1) If:

 (a) the person is undertaking, or intending to undertake, a short course; or

 (b) the person is neither undertaking, nor intending to undertake, a short course and the person’s eligibility period is less than a year;

the maximum amount of financial supplement for the eligibility period in respect of the person is worked out using the following Method statement.

Method statement

Step 1. Multiply $2,000 by the number of days in the eligibility period.

Step 2. Divide the result by the number of days in the year that includes the eligibility period.

 If the result is not a number of whole dollars, round the result up to the next number of whole dollars.

 (2) If the person is neither undertaking, nor intending to undertake, a short course, and the person’s eligibility period is a year, the maximum amount of financial supplement for the eligibility period in respect of the person is $2,000.

 (3) This section has effect subject to Subdivision C.

  The minimum amount of financial supplement in respect of a person is $500.

 (1) This section applies if a person undertakes, or intends to undertake, more than one tertiary course in the same period in a year.

 (2) The maximum amount of financial supplement for the period in respect of the person is the maximum amount worked out under this Division for the period in respect of the person for one of the courses.

 (1) Financial supplement will be paid to a person who is eligible to obtain financial supplement at a rate determined by the person’s financial supplement contract.

 (2) If youth allowance, austudy payment or pensioner education supplement is payable to the person, the payment of financial supplement will reduce the rate at which the youth allowance, austudy payment or pensioner education supplement is payable.

 (3) The reduction of the rate of payment is a trade in.

 (4) The Division explains how trade in works.

 (1) The period for which a payment of financial supplement will be made is an instalment period.

 (2) Subject to subsection (3), the rate of youth allowance, austudy payment or pensioner education supplement that would have been payable to the person in an instalment period is reduced by an amount equal to onehalf of the amount of financial supplement to be paid during the instalment period under the financial supplement contract.

 (3) If, apart from this subsection, the amount by which the rate would be reduced is an amount including onehalf of a cent, the amount is to be increased by onehalf of a cent.

 (4) This section has effect despite any other provision of this Act.

 (1) If a person who is eligible to obtain financial supplement wishes to obtain financial supplement, the person may repay an amount of youth allowance, austudy payment or pensioner education supplement.

 (2) If a person who is obtaining financial supplement wishes to increase the amount of financial supplement, the person may repay an amount of youth allowance, austudy payment or pensioner education supplement.

 (3) The repayment of the youth allowance, austudy payment or pensioner education supplement is a trade back.

 (4) This Division explains how trade back works.

 (5) This Division also sets out the effect of trade back.

 (6) This Division does not affect the operation of Chapter 5.

 (1) A person to whom youth allowance, austudy payment or pensioner education supplement was payable during a payment period may elect to repay to the Commonwealth some or all of the youth allowance, austudy payment or pensioner education supplement.

 (2) The person must make the election using the form approved under paragraph 1061ZZAI(a).

 (3) A payment period is:

 (a) the part of a year starting on 1 January and ending on 31 May; or

 (b) the part of a year starting on 1 July and ending on 30 September.

 (1) A person who is not obtaining financial supplement may, in order to obtain financial supplement, repay to the Commonwealth youth allowance, austudy payment or pensioner education supplement:

 (a) while the person is eligible to obtain financial supplement; and

 (b) during the payment period.

 (2) However, if the person does not repay youth allowance, austudy payment or pensioner education supplement during the payment period, the person may, in order to obtain financial supplement, repay youth allowance, austudy payment or pensioner education supplement after that period if the Secretary is satisfied that:

 (a) the person took reasonable steps to repay it during the payment period; and

 (b) circumstances beyond the person’s control prevented the person from repaying it during the period; and

 (c) the person repays it as soon as practicable after the end of the payment period and during the year that includes the payment period.

 (3) A person who is obtaining financial supplement may, in order to increase the amount of financial supplement, repay to the Commonwealth youth allowance, austudy payment or pensioner education supplement:

 (a) while the person is eligible to obtain financial supplement; and

 (b) during the year in which the youth allowance, austudy payment or pensioner education supplement was paid.

  If an amount is repaid by a person under this Division, the amount is taken never to have been paid to the person.

 (1) If a person applies to a participating corporation under Division 5 for the payment of financial supplement for an eligibility period, the corporation must, as soon as practicable, accept the application by written notice to the person.

 (2) A contract is made when the corporation accepts the application by giving the notice referred to in subsection (1). The contract is a financial supplement contract.

 (3) A financial supplement contract is a contract for the making of a loan by the corporation to the person under this Division without any requirement on the person to pay interest.

 (4) The contract must be for the amount of financial supplement for which the person from time to time asks, but the amount must not be less than the minimum amount, or more than the maximum amount, of financial supplement that the person is, from time to time, eligible to obtain under Division 6.

 (5) The contract must also allow, but not compel, the person to make repayments during the contract period under Division 13 of the amount outstanding at any time under the contract.

 (6) The contract must set out the termination date for the contract. The date to be set out is the last day of the contract period.

 (7) The contract period is the period beginning on the day when the contract is made and ending on 31 May in the year in which the last of the periods referred to in paragraph 1061ZZCH(1)(b) ends.

 (1) A contract is also a financial supplement contract if it is a contract referred to in section 8.2 of the Social Security Student Financial Supplement Scheme 1998.

 (2) The termination date for the contract is the date set out in the contract.

 (3) The contract period is the period beginning on the day when the contract was made and ending on 31 May in the year in which the last of the periods referred to in paragraph 1061ZZCH(1)(b) ended or ends.

 (1) A participating corporation may rely on advice given by the Commonwealth to decide:

 (a) whether it must pay financial supplement to a person; and

 (b) the amount of financial supplement.

 (2) An amount paid to a person by a corporation, relying on advice given by the Commonwealth, is taken to be financial supplement paid under the contract even though the person may not have been eligible to obtain the amount.

 (3) Subsection (2) does not affect the operation of Part 2B.2.

 (1) The validity of a financial supplement contract with a person is not affected merely because the person was not eligible to obtain financial supplement when the contract was made, or ceases at a later time to be eligible.

 (2) The contract is not invalid, and is not voidable, under any other law (whether written or unwritten) in force in a State or Territory.

 (3) The contract is not invalid merely because the person is an undischarged bankrupt when the contract is made.

 (4) Bankruptcy does not release a person from his or her obligations under the contract.

 (1) A person who makes a financial supplement contract has a right to cancel the contract.

 (2) Subsection (1) does not affect the operation of section 1061ZZCU.

 (3) If, under section 1061ZZBF, the person waives his or her right to cancel the contract, sections 1061ZZBC to 1061ZZBE do not apply to the contract.

 (1) To exercise the right to cancel the contract, the person must give to the participating corporation written notice that the person is withdrawing his or her application for financial supplement.

 (2) The notice must be lodged at an office of the corporation.

  The person’s right may be exercised within 14 days (the cooling off period) after the day when the contract is made under section 1061ZZAX.

 (1) In the cooling off period, the participating corporation must not make a payment to the person under the contract.

 (2) If the corporation makes a payment to the person under the contract within the cooling off period, the payment is taken not to be a payment of financial supplement if the person repays to the corporation an amount equal to the payment within 7 days after the date of the payment.

 (3) If the corporation makes a payment to the person under the contract after the cooling off period and the person has exercised the right to cancel the contract, the payment is taken not to be a payment of financial supplement if the person repays to the corporation an amount equal to the payment within 7 days after the date of the payment.

  The person may waive the right to cancel the contract.

  To waive the right to cancel the contract, the person must give to the participating corporation written notice that he or she is waiving the right to cancel the contract.

  To exercise the right of waiver, the person must give the participating corporation the notice referred to in section 1061ZZBG immediately after the contract is made under section 1061ZZAX.

 (1) A law of a State or Territory about giving credit or other financial assistance does not apply to a financial supplement contract.

 (2) An application for the payment of financial supplement, a financial supplement contract, or an act or thing done or transaction entered into under such a contract, is not taxable under any law of a State or Territory.

 (1) Financial supplement is to be paid by instalments for periods determined by the Secretary.

 (2) Instalments of financial supplement are to be paid at times determined by the Secretary.

  If the amount of an instalment includes a fraction of a cent, the amount is to be rounded to the nearest whole cent (0.5 cent being rounded upwards).

 (1) If a person who is a category 1 student is trading in, or trading back, youth allowance, financial supplement must be paid to the person to whom instalments of youth allowance are or were being paid under section 559D or 559E.

 (2) If a person who is a category 1 student is trading in, or trading back, austudy payment, financial supplement must be paid to the person to whom instalments of austudy payment are or were being paid under section 584D.

 (3) If a person who is a category 1 student is trading in, or trading back, pensioner education supplement, financial supplement must be paid to the person to whom instalments of pensioner education supplement are or were being paid under section 1061PZK.

 (4) If a person who is a category 2 student obtains financial supplement, it must be paid to the person to whom instalments of youth allowance would be paid under section 559D or 559E if youth allowance were payable to the student.

 (5) This section does not affect the liability of a person to make repayments under Part 2B.3.

 (1) If an amount of financial supplement is paid to a person, it must be paid to the credit of a bank account nominated and maintained by the person.

 (2) The bank account may be maintained by the person alone or jointly or in common with someone else.

  Financial supplement is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

 (1) This section applies if:

 (a) a person has an account with a financial institution (whether the account is maintained by the person alone, or jointly or in common with someone else); and

 (b) a court order in the nature of a garnishee order comes into force in respect of the account; and

 (c) an amount of financial supplement has been paid (whether on the person’s own behalf or not) to the credit of the account in the 4 weeks immediately before the court order came into force.

 (2) The court order does not apply to the saved amount (if any) in the account.

 (3) The saved amount is the amount worked out using the following Method statement.

Method statement

Step 1. Work out the amount of financial supplement paid to the credit of the account in the 4 weeks.

Step 2. Subtract from that amount the total amount withdrawn from the account in the 4 weeks.

 The amount left is the saved amount.

Request for tax file number

 (1) The Secretary may request, but not compel, a person who is a category 2 student and is obtaining financial supplement:

 (a) if the person has a tax file number—to give the Secretary a written statement of the person’s tax file number; or

 (b) if the person does not have a tax file number:

 (i) to apply to the Commissioner of Taxation for a tax file number; and

 (ii) to give the Secretary a written statement of the person’s tax file number after the Commissioner has issued it.

Failure to satisfy request

 (2) A person is not eligible to obtain financial supplement if, at the end of 28 days after a request is made:

 (a) the person has failed to satisfy the request; and

 (b) the Secretary has not exempted the person from having to satisfy the request.

Request for parent’s tax file number

 (1) If:

 (a) a person (the recipient) who is a category 2 student is obtaining financial supplement; and

 (b) the income of a parent of the recipient is required to be taken into account for the purpose of working out the recipient’s eligibility for financial supplement; and

 (c) the parent is in Australia;

the Secretary may request, but not compel, the recipient to give the Secretary a written statement of the parent’s tax file number.

Failure to satisfy request

 (2) A recipient is not eligible to obtain financial supplement if, at the end of 28 days after the request is made:

 (a) the recipient has failed to satisfy the request; and

 (b) the Secretary has not exempted the recipient from having to satisfy the request.

 (3) In this section:

parent has the same meaning as in paragraph (b) of the definition of parent in subsection 5(1).

Note 1: In some cases the request can be satisfied in relation to a parent by giving the Secretary a declaration by the parent about the parent’s tax file number and an authority by the parent to the Commissioner of Taxation to give the Secretary certain information relevant to the parent’s tax file number (see subsections 1061ZZAB(2) and (3).

Note 2: The Secretary may waive the requirement in some cases (see subsection 1061ZZAB(4)).

 (1) The Secretary may give a notice under this section to a person who is a category 2 student if:

 (a) financial supplement is paid to the person on the person’s own behalf; or

 (b) financial supplement is paid to someone else, on the person’s behalf, under section 1061ZZBL.

 (2) The notice must require the person to tell the Department if:

 (a) a stated event or change of circumstances happens; or

 (b) the person becomes aware that a stated event or change of circumstances is likely to happen.

  An event or change of circumstances is not to be stated in a notice given under section 1061ZZBR unless the event or change of circumstances might affect the payment of financial supplement.

  Subject to section 1061ZZBU, a notice under section 1061ZZBR:

 (a) must be in writing; and

 (b) may be given personally or by post; and

 (c) must state how the person is to give the information to the Department; and

 (d) must state the period in which the person is to give the information to the Department; and

 (e) must state that the notice is a recipient notification notice given under this Act.

  A notice under section 1061ZZBR is not invalid merely because it does not comply with paragraph 1061ZZBT(c) or (e).

 (1) Subject to this section, the period stated under paragraph 1061ZZBT(d) must be the period of 14 days after:

 (a) the day on which the event or change of circumstances happens; or

 (b) the day on which the person becomes aware that the event or change of circumstances is likely to happen.

 (2) If the Secretary is satisfied that there are special circumstances related to the person to whom the notice under section 1061ZZBR is to be given, the period to be stated under paragraph 1061ZZBT(d) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after:

 (a) the day on which the event or change of circumstances happens; or

 (b) the day on which the person becomes aware that the event or change of circumstances is likely to happen.

 (3) If the notice specifies an event consisting of the death of a person, the period to be stated under paragraph 1061ZZBT(d) is a period of 28 days after the day on which the event happens.

 (4) If the notice requires the person to tell the Department of a proposal by the person to leave Australia, subsection (1) does not apply to that requirement.

 (5) If the notice requires information about receipt of a compensation payment, the period stated under paragraph 1061ZZBT(d) in relation to the information must end at least 7 days after the day when the person becomes aware that he or she has received, or is to receive, a compensation payment.

 (1) A person commits an offence if:

 (a) the person is required to comply with a notice; and

 (b) the notice is a notice under section 1061ZZBR; and

 (c) the person refuses or fails to comply with the notice; and

 (d) the person is reckless as to the requirement.

Penalty: Imprisonment for 6 months.

 (2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.

 (3) Subsection (1) does not apply if the person has a reasonable excuse.

 (4) Strict liability applies to paragraph (1)(b).

  This Subdivision extends to:

 (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and

 (b) all people irrespective of their nationality or citizenship.

 (1) The Secretary may give a notice under this section to a person who is a category 2 student if:

 (a) financial supplement is paid to the person on the person’s own behalf; or

 (b) financial supplement is paid to someone else, on the person’s behalf, under section 1061ZZBL.

 (2) The notice must require the person to give the Department a statement about a matter that might affect the payment of financial supplement.

  Subject to section 1061ZZCA, a notice under section 1061ZZBY:

 (a) must be in writing; and

 (b) may be given personally or by post; and

 (c) must state how the statement is to be given to the Department; and

 (d) must state the period within which the person is to give the statement to the Department; and

 (e) must state that the notice is a recipient statement notice given under this Act.

  A notice under section 1061ZZBY is not invalid merely because it does not comply with paragraph 1061ZZBZ(c) or (e).

  The period stated under paragraph 1061ZZBZ(d) must be at least 14 days after the day on which the notice is given.

  A statement given in response to a notice under section 1061ZZBY must be in writing and in accordance with a form approved by the Secretary.

 (1) A person commits an offence if:

 (a) the person is required to comply with a notice; and

 (b) the notice is a notice under section 1061ZZBY; and

 (c) the person refuses or fails to comply with the notice; and

 (d) the person is reckless as to the requirement.

Penalty: Imprisonment for 6 months.

 (2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.

 (3) Subsection (1) does not apply if the person has a reasonable excuse.

 (4) Strict liability applies to paragraph (1)(b).

  This Subdivision extends to:

 (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and

 (b) all people irrespective of their nationality or citizenship.

  This Subdivision has effect subject to section 1061ZZEE.

 (1) The amount outstanding under a financial supplement contract at a time (the test time) before 1 June in the year immediately after the year in which the contract was made is the amount worked out using the formula:

Start formula Principal sum minus open bracket Amounts repaid plus Discounts close bracket end formula

 (2) For the purpose of applying the formula in subsection (1) at the test time:

amounts repaid means the total of the amounts repaid under the contract before the test time.

discounts means the total of the discounts to which the person became entitled before the test time.

principal sum means the principal sum at the test time.

 (1) Subject to subsections 1061ZZCN(6) and (7), the amount outstanding under a financial supplement contract at a time (the test time) during a period of 12 months (the test period) referred to in either of the following paragraphs:

 (a) the period of 12 months beginning on 1 June in the year immediately after the year in which the contract was made; or

 (b) any of the following 3 periods of 12 months;

is the amount worked out using the formula:

Start formula open bracket Previous amount outstanding times Indexation factor close bracket minus open bracket Amounts repaid plus Discounts close bracket end formula

 (2) For the purpose of applying the formula in subsection (1) at the test time:

amounts repaid means the total of the amounts repaid under the contract during the test period but before the test time.

discounts means the total of the discounts to which the person became entitled during the test period but before the test time.

indexation factor means the number that is the lower of the CPI indexation factor for the test period (see subsection (3)) and the WPI indexation factor for the test period (see subsection (3A)).

previous amount outstanding means the amount outstanding under the contract immediately before the beginning of the test period.

 (3) The CPI indexation factor for the test period is worked out using the following method statement:

Method statement

Step 1.  Work out the total of the index number for the March quarter in the later reference period and the index numbers for the 3 immediately preceding quarters.

Step 2.  Work out the total of the index number for the March quarter in the earlier reference period and the index numbers for the 3 immediately preceding quarters.

Step 3. The CPI indexation factor for the test period is the total under step 1 divided by the total under step 2, rounded to 3 decimal places.

 (3A) The WPI indexation factor for the test period is worked out using the following method statement:

Method statement

Step 1.  Work out the total of the index number for the March quarter in the later reference period and the index numbers for the 3 immediately preceding quarters.

Step 2.  Work out the total of the index number for the March quarter in the earlier reference period and the index numbers for the 3 immediately preceding quarters.

Step 3. The WPI indexation factor for the test period is the total under step 1 divided by the total under step 2, rounded to 3 decimal places.

 (4) In subsections (3) and (3A):

earlier reference period means the period of 12 months immediately before the later reference period.

later reference period means the period of 12 months immediately before the test period.

 (5) If a CPI indexation factor or a WPI indexation factor worked out under subsection (3) or (3A) would end with a number greater than 4, were it to be worked out to 4 decimal places, the indexation factor is increased by 0.001.

 (6) If, apart from this subsection, an amount worked out under this section would be an amount of dollars and cents, disregard the amount of the cents.

 (1) The Secretary must give to a person who is a party to a financial supplement contract with a participating corporation a notice of an amount outstanding under the contract that exists on:

 (a) 1 June in the year following the year in which the contract was made; or

 (b) 1 June in any of the following 3 years.

 (2) The notice must state the amount outstanding under the contract at that date.

 (1) Subject to sections 1061ZZDE, 1061ZZDL, 1061ZZDV and 1061ZZEE, a person who is a party to a financial supplement contract with a participating corporation is not required during the contract period to make a repayment of the amount outstanding under the contract.

 (2) Nonpayment by the person during the contract period of the amount outstanding is not a default under the contract for the purposes of any law of the Commonwealth, of a State or of a Territory.

 (3) However, the person may, at any time during the contract period, make a repayment (an amount repaid) to the corporation of the whole or a part of the amount outstanding at that time.

 (4) Subsection (3) has effect subject to section 1061ZZCL.

  If a person purports to make a repayment to a participating corporation under a financial supplement contract by paying an amount under subsection 1061ZZCJ(3) that exceeds the amount that, having regard to the discount to which the person is entitled, would be needed to pay in full the amount outstanding, the excess:

 (a) is taken not to be a repayment; and

 (b) must be repaid by the corporation to the person.

  If the person makes a repayment under subsection 1061ZZCJ(3), the amount repaid is to be disregarded for the purposes of this Division:

 (a) to the extent to which it relates to wrongly paid supplement; or

 (b) if it is repaid after the giving of a notice under section 1061ZZCZ, 1061ZZDG, 1061ZZDQ or 1061ZZEA.

 (1) If, during the contract period, a person makes a repayment of an amount that is less than the amount outstanding, the person is entitled, in respect of the repayment, to a discount of an amount worked out using the formula:

Start formula open bracket Amount repaid times start fraction 100 over 85 end fraction close bracket minus Amount repaid end formula

 (2) If, during the contract period, a person makes a repayment of an amount that is equal to the amount outstanding, the person is entitled, in respect of the repayment, to a discount of an amount worked out using the formula:

Start formula open bracket Amount repaid times start fraction 115 over 100 end fraction close bracket minus Amount repaid end formula

 (3) If, apart from this subsection, an amount worked out under subsection (1) or (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest number of whole dollars (rounding 50 cents upwards).

Application

 (1) This section applies if a person, at a time (the repayment time) during the contract period of a financial supplement contract made by the person with a participating corporation, makes a repayment (the relevant repayment) in respect of the amount outstanding under the contract. For the purposes of this section, it is first necessary to work out whether an indexation amount is taken to have existed in respect of the contract immediately before the repayment time.

When an indexation amount is taken to have existed

 (2) For the purposes of this section, an indexation amount is taken to have existed in respect of the contract immediately before the repayment time if:

 (a) an amount outstanding under the contract existed immediately before the repayment time under section 1061ZZCH; and

 (b) that amount outstanding exceeds the amount worked out using the formula:

Start formula Principal sum minus open bracket Amounts repaid plus Amounts previously notionally repaid close bracket end formula

Meaning of expressions used in formula

 (3) For the purpose of applying the formula in subsection (2) immediately before the repayment time:

amounts previously notionally repaid means the total of the amounts notionally repaid under the contract before the repayment time because of the application of this section in respect of previous repayments.

amounts repaid means the total of the amounts repaid under the contract before the repayment time.

principal sum means the principal sum immediately before the repayment time.

What constitutes indexation amount

 (4) The indexation amount referred to in subsection (2) is the amount of the excess referred to in paragraph (2)(b).

If no indexation amount

 (5) If no indexation amount existed in respect of the contract immediately before the repayment time, the person is taken to have repaid to the corporation at the repayment time an amount (an amount notionally repaid) equal to the discount to which the person is entitled in respect of the relevant repayment.

If discount does not exceed indexation amount

 (6) If:

 (a) an indexation amount existed in respect of the contract immediately before the repayment time; and

 (b) the discount to which the person is entitled in respect of the relevant repayment is equal to or less than the indexation amount;

the amount outstanding under the contract is taken to be reduced by the discount.

If discount exceeds indexation amount

 (7) If:

 (a) an indexation amount existed in respect of the contract immediately before the repayment time; and

 (b) the discount to which the person is entitled in respect of the relevant repayment exceeds the indexation amount;

the following paragraphs have effect:

 (c) the amount outstanding under the contract is taken to be reduced by the indexation amount;

 (d) the person is taken to have repaid to the corporation at the repayment time an amount (an amount notionally repaid) equal to the excess.

Commonwealth to pay corporation amounts notionally repaid

 (8) The Commonwealth must pay to the corporation an amount equal to any amount notionally repaid.

 (1) This section applies if, immediately after a repayment is made under a financial supplement contract made by a participating corporation, the total of the amounts repaid and the amounts notionally repaid is equal to or exceeds the principal sum.

 (2) The corporation’s rights under the contract are, by this subsection, transferred to the Commonwealth immediately after the repayment is made.

 (3) If the total of the amounts repaid and the amounts notionally repaid exceeds the principal sum, the corporation must pay the excess to the Commonwealth.

 (1) This section applies if, at the end of the contract period of a financial supplement contract made by a participating corporation, the corporation’s rights under the contract have not previously been transferred to the Commonwealth.

 (2) The corporation’s rights under the contract are, by this subsection, transferred to the Commonwealth at the end of the contract period.

 (3) If the principal sum exceeds the total of the amounts repaid and the amounts notionally repaid, the Commonwealth must pay the excess to the corporation.

 (1) As soon as practicable after the termination date of a financial supplement contract made by a person with a participating corporation, the Secretary must arrange for written notice (the termination notice) to be given to the person if such a notice has not already been given under the Social Security Student Financial Supplement Scheme 1998 or the Student Assistance Act 1973 as in force at a time before 1 July 1998.

 (2) The termination notice must:

 (a) state that, at the end of the contract period, the person no longer owes a debt to the corporation under the contract and will not receive a discount for repayments made after that time; and

 (b) state that, on a date referred to in the notice, being 1 June immediately following the termination date, the person incurred or will incur an FS debt or FS debts to the Commonwealth; and

 (c) specify the amount of that debt or the amounts of those debts; and

 (d) state that the person is entitled at any time to make repayments in respect of that debt or those debts and that so much of that debt or those debts as is not voluntarily repaid by the person will be recovered through the taxation system.

  If, after a notice has been given to a person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998 (including a notice previously given under this section or under a provision of that Scheme or Act corresponding to this section), the Secretary is satisfied that significant information in the notice was not, or is no longer, correct, the Secretary must arrange for a further written notice to be given to the person setting out the correct information.

 (1) If a person considers that a notice given to the person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998, was not, or is no longer, correct in a significant respect, the person may, by writing, request the Secretary to correct the notice.

 (2) The person must make the request within 14 days after the date when the notice was received by the person or within such further period as the Secretary allows.

 (3) A request must set out the information that is considered to be incorrect and the grounds on which the person considers the information to be incorrect.

 (4) If a request is received by the Secretary, the Secretary must arrange, as soon as practicable, for it to be considered and for written notice of the decision on the request to be given to the person.

 (1) A notice to a person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998, is intended only to give information to the person and an FS debt of the person is not affected by a failure to give a notice or by any incorrect statement or information in a notice given under this Division or that corresponding provision.

 (2) The making by a person of a request for a notice to be corrected does not affect an FS debt of the person.

  A person who is a party to a financial supplement contract with a participating corporation may, by written notice to the corporation lodged at an office of the corporation, tell the corporation that he or she does not want further payments under the contract to be made after a day stated in the notice.

 (1) If a person gives a notice referred to in section 1061ZZCU, the corporation is discharged from liability to make further payments to the person under the contract from the end of the day stated in the notice.

 (2) However, if the corporation continues to make payments to the person after that day, any amounts paid after that day or the end of 4 weeks after the day on which the notice was given to the corporation, whichever is the later:

 (a) are taken not to be payments of financial supplement made under the contract; and

 (b) are repayable by the person to the corporation; and

 (c) may be recovered by the corporation as a debt due to it by the person.

 (1) This section applies if:

 (a) a person is a party to a financial supplement contract with a participating corporation; and

 (b) the decision (the original decision) made in respect of the person under section 1061ZZAC, or under Part 3 of the Social Security Student Financial Supplement Scheme 1998, is reviewed under Chapter 6; and

 (c) the person remains eligible to obtain financial supplement for the year or part of the year to which the contract relates; and

 (d) because of the review, the original decision is varied so that the maximum amount (the original amount) of financial supplement that the person is eligible to obtain under the contract is reduced to another amount (the revised amount); and

 (e) the revised amount is equal to or less than the amount of financial supplement that the person has already been paid under the contract.

 (2) The Secretary must give written notice to the person and to the corporation:

 (a) stating:

 (i) that this section applies to the contract; and

 (ii) that the corporation must stop paying financial supplement to the person; and

 (b) specifying:

 (i) the revised amount that the person is eligible to obtain; and

 (ii) the amount (if any) of financial supplement paid in excess of the revised amount.

 (1) If the Secretary gives a notice under section 1061ZZCW to the person and the corporation, then, unless the decision on the review is set aside or varied after a further review under Chapter 6, the following provisions have effect.

 (2) From the time when the notice is given to the corporation, the corporation is discharged from liability to make further payments to the person under the contract.

 (3) However, if the corporation continues to make payments to the person after that time, any amounts paid after the end of 4 weeks after the day on which the notice is given to the corporation:

 (a) are taken not to be payments of financial supplement made under the contract; and

 (b) are repayable by the person to the corporation; and

 (c) may be recovered by the corporation as a debt due to it by the person.

  This Subdivision has effect subject to sections 1061ZZFS and 1061ZZFT.

 (1) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 1061ZZCW; and

 (b) the person failed to tell the Secretary, in response to a notice under section 561B, 586B, 1061PZQ or 1061ZZBR, about the happening of, or about becoming aware of the likely happening of, a stated event or change of circumstances within the period prescribed for complying with the notice; and

 (c) the person was paid the original amount after the end of that period; and

 (d) the payment of the original amount after the end of that period resulted from the person’s failure to comply with the notice referred to in paragraph (b);

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

 (2) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 14.5 of the Social Security Student Financial Supplement Scheme 1998; and

 (b) the person failed to tell the Secretary, in response to a notice under section 561B, 586B or 1061PZQ, or a notice under section 12.2 of that Scheme, about the happening of, or about becoming aware of the likely happening of, a stated event or change of circumstances within the period prescribed for complying with the notice; and

 (c) the person was paid the original amount after the commencement of this Chapter; and

 (d) the payment of the original amount after the commencement of this Chapter resulted from the person’s failure to comply with the notice referred to in paragraph (b);

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

  If the Secretary gives a notice under section 1061ZZCZ to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the following provisions have effect.

 (1) On the giving of the notice to the corporation, the corporation’s rights referred to in subsection (2) or (3), as the case may be, are transferred to the Commonwealth by this subsection.

 (2) If the notice was given under subsection 1061ZZCZ(1), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the end of the period referred to in paragraph 1061ZZCZ(1)(b); and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZCX(3).

 (3) If the notice was given under subsection 1061ZZCZ(2), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the commencement of this Chapter; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZCX(3).

 (4) Financial supplement paid during the period referred to in subsection (2) or (3), as the case requires, is wrongly paid supplement.

  Repayments of financial supplement made by the person before the notice was given to the person under subsection 1061ZZCZ(1) or (2) are taken to have been made:

 (a) first, in or towards the repayment of the wrongly paid supplement; and

 (b) then, if those repayments exceed the amount of the wrongly paid supplement, in or towards the repayment of the rest of the financial supplement paid to the person under the contract.

  The Commonwealth is liable to pay to the corporation the amount of any wrongly paid supplement that has not been repaid.

 (1) If the notice was given to the person under subsection 1061ZZCZ(1), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDD; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDB(2).

 (2) If the notice was given to the person under subsection 1061ZZCZ(2), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDD; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDB(3).

  This Subdivision does not affect the operation of Subdivision A.

 (1) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 1061ZZCW; and

 (b) false or misleading information was given to the Commonwealth in relation to the calculation of the original amount; and

 (c) the payment of financial supplement in excess of the revised amount resulted from the false or misleading information;

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

 (2) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 14.5 of the Social Security Student Financial Supplement Scheme 1998; and

 (b) false or misleading information was given to the Commonwealth in relation to the calculation of the original amount; and

 (c) the payment of financial supplement in excess of the revised amount resulted from the false or misleading information;

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

  If the Secretary gives a notice under section 1061ZZDG to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the following provisions have effect.

 (1) On the giving of the notice to the corporation, the corporation’s rights referred to in subsection (2) or (3), as the case may be, are transferred to the Commonwealth by this subsection.

 (2) If the notice was given under subsection 1061ZZDG(1), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the time when the person had been paid an amount equal to the revised amount; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZCX(3).

 (3) If the notice was given under subsection 1061ZZDG(2), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the commencement of this Chapter; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZCX(3).

 (4) Financial supplement paid during the period referred to in subsection (2) or (3), as the case requires, is wrongly paid supplement.

  Repayments of financial supplement made by the person before the notice was given to the person under subsection 1061ZZDG(1) or (2) are taken to have been made:

 (a) first, in or towards the repayment of the wrongly paid supplement; and

 (b) then, if those repayments exceed the amount of the wrongly paid supplement, in or towards the repayment of the rest of the financial supplement paid to the person under the contract.

  The Commonwealth is liable to pay to the corporation the amount of any wrongly paid supplement that has not been repaid.

 (1) If the notice was given to the person under subsection 1061ZZDG(1), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDK; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDI(2).

 (2) If the notice was given to the person under subsection 1061ZZDG(2), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDK; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDI(3).

  This Subdivision does not affect the operation of Subdivision A.

 (1) This section applies if:

 (a) a person is a party to a financial supplement contract with a participating corporation; and

 (b) the decision (the original decision) made in respect of the person under section 1061ZZAC or under Part 3 of the Social Security Student Financial Supplement Scheme 1998 is reviewed under Chapter 6; and

 (c) because of the review, the original decision is varied so that the person ceases to be eligible to obtain financial supplement.

 (2) The Secretary must give written notice to the person and the corporation:

 (a) stating that the person ceased to be eligible; and

 (b) specifying the date when the person ceased to be eligible.

 (1) If the Secretary gives a notice under section 1061ZZDN to the person and the corporation, then, unless the decision on the review is set aside or varied after a further review under Chapter 6, the following provisions have effect.

 (2) From the time when the notice is given to the corporation, the corporation is discharged from liability to make further payments to the person under the contract.

 (3) However, if the corporation continues to make payments to the person after that time, any amounts paid after the end of 4 weeks after the day on which the notice is given to the corporation:

 (a) are taken not to be payments of financial supplement made under the contract; and

 (b) are repayable by the person to the corporation; and

 (c) may be recovered by the corporation as a debt payable to it by the person.

  This Subdivision has effect subject to sections 1061ZZFS and 1061ZZFT.

 (1) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 1061ZZDN; and

 (b) the person failed to tell the Secretary, in response to a notice under section 561B, 586B, 1061PZQ or 1061ZZBR, about the happening of, or about becoming aware of the likely happening of, a stated event or change in circumstances, within the period prescribed for complying with the notice; and

 (c) the person ceased to be eligible to obtain financial supplement because of the event or change in circumstances; and

 (d) the person was paid financial supplement after the end of the period referred to in paragraph (b); and

 (e) the payment of financial supplement after the end of that period resulted from the person’s failure to comply with the notice referred to in paragraph (b);

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

 (2) If the Secretary is satisfied that:

 (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 14.24 of the Social Security Student Financial Supplement Scheme 1998; and

 (b) the person failed to tell the Secretary, in response to a notice under section 561B, 586B or 1061PZQ, or a notice under section 12.2 of that Scheme, about the happening of, or about becoming aware of the likely happening of, a stated event or change of circumstances within the period prescribed for complying with the notice; and

 (c) the person was paid financial supplement after the commencement of this Chapter; and

 (d) the payment of financial supplement after the commencement of this Chapter resulted from the person’s failure to comply with the notice referred to in paragraph (b);

the Secretary may give to the person and the corporation a notice stating that he or she is so satisfied and telling them that this Subdivision applies in relation to them.

  If the Secretary gives a notice under section 1061ZZDQ to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the following provisions have effect.

 (1) On the giving of the notice to the corporation, the corporation’s rights referred to in subsection (2) or (3), as the case may be, are transferred to the Commonwealth by this subsection.

 (2) If the notice was given under subsection 1061ZZDQ(1), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the end of the period referred to in paragraph 1061ZZDQ(1)(b); and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZDO(3).

 (3) If the notice was given under subsection 1061ZZDQ(2), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the commencement of this Chapter; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZDO(3).

 (4) Financial supplement paid during the period referred to in subsection (2) or (3), as the case requires, is wrongly paid supplement.

  Repayments of financial supplement made by the person before the notice was given to the person under subsection 1061ZZDQ(1) or (2) are taken to have been made:

 (a) first, in or towards the repayment of the wrongly paid supplement; and

 (b) then, if those repayments exceed the amount of the wrongly paid supplement, in or towards the repayment of the rest of the financial supplement paid to the person under the contract.

  The Commonwealth is liable to pay to the corporation the amount of any wrongly paid supplement that has not been repaid.

 (1) If the notice was given to the person under subsection 1061ZZDQ(1), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDU; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDS(2).

 (2) If the notice was given to the person under subsection 1061ZZDQ(2), the person is liable to pay to the Commonwealth an amount equal to the total of:

 (a) the amount that the Commonwealth is liable to pay to the corporation under section 1061ZZDU; and

 (b) the interest subsidy for the period referred to in subsection 1061ZZDS(3).

  This Subdivision does not affect the operation of Subdivision A.

 (1) This section applies if:

 (a) a person is a party to a financial supplement contract with a participating corporation; and

 (b) the decision (the original decision) made in respect of the person under section 1061ZZAC or under Part 3 of the Social Security Student Financial Supplement Scheme 1998 is reviewed under Chapter 6; and

 (c) because of the review the original decision is varied so that the statement in the supplement entitlement notice given to the person that the person was eligible to obtain financial supplement during an eligibility period was incorrect.

 (2) The Secretary must give written notice to the person and the corporation stating that the person had never been eligible to obtain financial supplement.

 (1) If the Secretary gives a notice under section 1061ZZDX to the person and the corporation, then, unless the decision on the review is set aside or varied after a further review under Chapter 6, the following provisions have effect.

 (2) From the time when the notice is given to the corporation, the corporation is discharged from liability to make further payments to the person under the contract.

 (3) However, if the corporation continues to make payments to the person after that time, any amounts paid after the end of 4 weeks after the day on which the notice is given to the corporation:

 (a) are taken not to be payments of financial supplement made under the contract; and

 (b) are repayable by the person to the corporation; and

 (c) may be recovered by the corporation as a debt payable to it by the person.

  This Subdivision has effect subject to sections 1061ZZFS and 1061ZZFT.

  If the Secretary is satisfied that the incorrectness of a statement referred to in section 1061ZZDX that was given to a person who is a party to a financial supplement contract with a participating corporation resulted from false or misleading information given to the Commonwealth about the person, the Secretary may give notice to the person and the corporation stating that he or she is so satisfied and that this Subdivision applies in relation to them.

  If the Secretary gives a notice under section 1061ZZEA to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the following provisions have effect.

 (1) On the giving of the notice to the corporation, the corporation’s rights referred to in subsection (2) or (3), as the case may be, are transferred to the Commonwealth by this subsection.

 (2) If the statement was in a supplement entitlement notice given under subsection 1061ZZAC(3) or 1061ZZAD(4), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the start of the contract period; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZDY(3).

 (3) If the statement was in a supplement entitlement notice referred to in subsection 1061ZZAE(3), the rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the commencement of this Chapter; and

 (b) ending at the end of the period of 4 weeks referred to in subsection 1061ZZDY(3).

 (4) Financial supplement paid during the period referred to in subsection (2) or (3), as the case requires, is wrongly paid supplement.

  The Commonwealth is liable to pay to the corporation an amount worked out, as at the end of the period of 4 weeks referred to in subsection 1061ZZDY(3), using the formula:

Start formula Principal sum minus open bracket Amounts repaid plus Amounts notionally repaid close bracket end formula

 (1) No amount is taken to be outstanding under the contract after the notice is given.

 (2) However, the person is liable to pay to the Commonwealth an amount worked out, as at the end of the period of 4 weeks referred to in subsection 1061ZZDY(3), using the formula:

Start formula Principal sum minus Amounts repaid plus Interest subsidy end formula

  In sections 1061ZZED and 1061ZZEE:

amounts notionally repaid means the total of the amounts notionally repaid before the notice was given.

amounts repaid means the total of the amounts repaid under the contract before the notice was given.

interest subsidy means the interest subsidy in relation to financial supplement paid under the contract.

principal sum means the principal sum at the time when the notice was given.

  This Subdivision does not affect the operation of Subdivision A.

  If the Secretary becomes aware that a person who is a party to a financial supplement contract with a participating corporation has died, the Secretary may give written notice to the corporation stating that this Division applies in respect of the contract.

  If the Secretary gives a notice under section 1061ZZEH to the corporation, the following provisions have effect.

 (1) From the time when the notice is given to the corporation, the corporation is discharged from liability to make further payments under the contract.

 (2) However, if the corporation continues to make payments under the contract after that time, any amounts paid after the end of 4 weeks after the day on which the notice is given to the corporation:

 (a) are taken not to be payments of financial supplement made under the contract; and

 (b) are repayable from the person’s estate to the corporation; and

 (c) may be recovered by the corporation as a debt payable to it from the person’s estate.

 (1) The corporation’s rights referred to in subsection (2) are transferred to the Commonwealth, by this subsection, at the earlier of:

 (a) the time when the corporation stopped making payments under the contract; or

 (b) the end of 4 weeks after the time when the notice was given.

 (2) The rights transferred are the corporation’s rights under the contract that relate to payment of financial supplement during the period:

 (a) beginning at the start of the contract period; and

 (b) ending at the end of the period of 4 weeks referred to in paragraph (1)(b).

 (1) The Commonwealth is liable to pay to the corporation an amount worked out, as at the earlier of:

 (a) the time when the corporation stopped making payments under the contract; or

 (b) the end of the period of 4 weeks referred to in paragraph 1061ZZEK(1)(b);

using the formula:

Start formula Principal sum minus open bracket Amounts repaid plus Amounts notionally repaid close bracket end formula

 (2) In this section:

amounts notionally repaid means the total of the amounts notionally repaid before the notice was given.

amounts repaid means the total of the amounts repaid under the contract before the notice was given.

principal sum means the principal sum at the time when the notice was given.

  The person’s liability to the Commonwealth under the contract as a result of the transfer referred to in section 1061ZZEK is discharged by this section.

  This Part provides for the recovery through the taxation system of a person’s debt in respect of financial supplement at the end of 4 years beginning on 1 June in the year immediately after the year in which the relevant financial supplement contract was made.

  The Commissioner of Taxation has the general administration of this Part to the following extent:

 (a) Divisions 2 and 4;

 (b) Division 5;

 (c) Divisions 6 to 8;

 (d) section 1061ZZFO.

Note: One effect of this is that this Part is to that extent a taxation law for the purposes of the Taxation Administration Act 1953.

 (1) If, at the termination date of a financial supplement contract made by a person with a participating corporation, there was or is an amount outstanding under the contract, the person owes an FS debt to the Commonwealth.

 (2) The FS debt is taken to have been incurred, or is incurred, as the case may be, on 1 June immediately after the termination date.

 (1) The FS debt is worked out using the formula:

Start formula Amount outstanding times Indexation factor end formula

 (2) In subsection (1):

amount outstanding means the amount outstanding under the contract at the termination date.

indexation factor means the factor worked out under section 1061ZZET.

 (1) If:

 (a) a person had or has an FS debt or FS debts on 1 June in a year (the later date); and

 (b) the debt was not or is not, or the debts did not or do not include, an FS debt that existed on the previous 1 June;

the person is taken to have incurred, or incurs, as the case may be, an accumulated FS debt to the Commonwealth on the later date.

 (2) If:

 (a) a person had or has an FS debt or FS debts on 1 June in a year (the later date); and

 (b) the debt was or is, or the debts included or include, an FS debt that existed on the previous 1 June (the earlier date);

the person is taken to have incurred, or incurs, as the case may be, an accumulated FS debt to the Commonwealth on the later date.

 (1) A person’s accumulated FS debt referred to in subsection 1061ZZEQ(1) is an amount equal to the FS debt or the total of the FS debts referred to in that subsection.

 (2) A person’s accumulated FS debt referred to in subsection 1061ZZEQ(2) is an amount worked out using the formula:

Start formula open bracket Adjusted accumulated FS debt times Indexation factor close bracket plus Later FS debts end formula

 (3) In subsection (2):

adjusted accumulated FS debt means the person’s adjusted accumulated FS debt on the earlier date.

indexation factor means the factor worked out under section 1061ZZET.

later FS debts means any FS debt, or the total of any FS debts, of the person that did not exist on the earlier date.

 (1) A person’s adjusted accumulated FS debt on the earlier date is the amount worked out using the formula:

Start formula Accumulated FS debt minus open bracket FSA debts plus Repayments plus Increases in FSA debts minus Reductions in FSA debts close bracket end formula

 (2) In this section:

accumulated FS debt means the person’s accumulated FS debt on the earlier date as worked out under this Division as it previously applied in respect of that date.

FSA debts means the total of:

 (a) any FS assessment debt or FS assessment debts of the person, assessed on or after the earlier date and before the later date, excluding any FS assessment debt assessed because of a return lodged before the earlier date; and

 (b) any FS assessment debt or FS assessment debts of the person, assessed on or after the later date because of a return lodged before the later date.

increases in FSA debts means any amount, or the total of any amounts, by which any FS assessment debt is increased by an amendment of the relevant assessment (whether because of an increase in the person’s taxable income or otherwise) where the amendment was made on or after the earlier date and before the later date.

reductions in FSA debts means any amount, or the total of any amounts, by which any FS assessment debt is reduced by an amendment of the relevant assessment (whether as a result of a reduction in the person’s taxable income or otherwise) where the amendment was made on or after the earlier date and before the later date.

repayments means any amount, or the total of any amounts, repaid, except in discharge of an FS assessment debt, on or after the earlier date and before the later date in reduction of the accumulated FS debt on the earlier date as worked out under this Division as it previously applied in respect of that date.

 (3) For the purposes of subsection (2), an assessment or an amendment of an assessment is taken to have been made on the date stated in the notice of assessment or notice of amended assessment, as the case may be, to be the date of that notice.

 (1) The indexation factor for the purpose of calculating a person’s FS debt or accumulated FS debt at 1 June in a year (the relevant year), is the lower of the CPI indexation factor for the relevant year (see subsection (1A)) and the WPI indexation factor for the relevant year (see subsection (1B)).

 (1A) The CPI indexation factor for the relevant year is worked out using the following method statement:

Method statement

Step 1.  Work out the total of the index number for the March quarter in the relevant year and the index numbers for the 3 quarters that immediately preceded that quarter.

Step 2.  Work out the total of the index number for the March quarter immediately before the relevant year and the index numbers for the 3 immediately preceding quarters.

Step 3. The CPI indexation factor for the relevant year is the total under step 1 divided by the total under step 2, rounded to 3 decimal places.

 (1B) The WPI indexation factor for the relevant year is worked out using the following method statement:

Method statement

Step 1.  Work out the total of the WPI index number for the March quarter in the relevant year and the WPI index numbers for the 3 quarters that immediately preceded that quarter.

Step 2.  Work out the total of the WPI index number for the March quarter immediately before the relevant year and the WPI index numbers for the 3 immediately preceding quarters.

Step 3. The WPI indexation factor for the relevant year is the amount under step 1 divided by the amount under step 2, rounded to 3 decimal places.

 (2) If a CPI indexation factor or a WPI indexation factor worked out under subsection (1A) or (1B) would end with a number greater than 4 were it to be worked out to 4 decimal places, the indexation factor is increased by 0.001.

 (3) If, apart from this subsection, the amount of an FS debt or accumulated FS debt worked out under this section would be an amount of dollars and cents, disregard the amount of the cents.

 (1) An accumulated FS debt that a person is taken to have incurred or incurs on 1 June in a year (the relevant date) discharges, or discharges the unpaid part of:

 (a) an accumulated FS debt that the person incurred on the previous 1 June; and

 (b) an FS debt that the person incurred on the relevant date.

 (2) The accumulated FS debt also discharges the person’s liability to pay the amount outstanding immediately before the relevant date.

 (3) However, in applying sections 1061ZZEP to 1061ZZET, subsection (1) of this section is disregarded.

  If a person who has made a financial supplement contract with a participating corporation has an FS debt immediately after the termination date of the contract, the Secretary must, if such a notice has not already been given under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998, give to the Commissioner of Taxation, as soon as practicable after that date, a notice stating as many of the following matters as the Secretary knows:

 (a) the person’s name;

 (b) the person’s identifying number;

 (c) the person’s lastknown address;

 (d) the person’s tax file number;

 (e) the amount of the FS debt or the amounts of the FS debts that the person incurred on 1 June immediately following the termination date;

 (f) any other information about the person that is reasonably required by the Commissioner to administer this Part.

  If the Secretary or an officer of the Department is convinced that significant information in a notice referred to in section 1061ZZEV was not, or is no longer, correct, the Secretary must give to the Commissioner of Taxation a further notice setting out the correct information.

  The Secretary must, if asked by the Commissioner of Taxation to do so, give a written certificate to the Commissioner setting out a matter mentioned by the Commissioner that was, or was required to be, set out in a notice under section 1061ZZEV or 1061ZZEW.

 (1) If a person has a debt to the Commonwealth under this Part, he or she may at any time make a payment to reduce the debt.

 (2) A payment under subsection (1) must be made to the Commissioner of Taxation.

  If:

 (a) a person pays an amount to the Commonwealth under this Division; and

 (b) the amount exceeds the sum of:

 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Part; and

 (ii) the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Note: Interest is payable if the Commonwealth is late in paying requested refunds: see Part IIIA of the Taxation (Interest on Overpayments and Early Payments) Act 1983.

 (1) If:

 (a) a person’s repayment income for the income year 200607 or a subsequent income year exceeds the minimum repayment income for that income year; and

 (b) on 1 June immediately preceding the making of an assessment in respect of the person’s income for that income year, the person had an accumulated FS debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, the amount worked out under section 1061ZZFD in reduction of the person’s repayable debt.

 (2) A person is not liable under this section to pay an amount for an income year if, under section 8 of the Medicare Levy Act 1986:

 (a) no Medicare levy is payable by the person on the person’s taxable income for the income year; or

 (b) the amount of the Medicare levy payable by the person on the person’s taxable income for the income year is reduced.

 (1) A person’s repayment income for an income year is an amount equal to the sum of:

 (a) the person’s taxable income for the income year, disregarding the person’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

 (b) the person’s total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

 (c) if the person:

 (i) is an employee (within the meaning of the Fringe Benefits Tax Assessment Act 1986); and

 (ii) has a reportable fringe benefits total (within the meaning of that Act) for the income year;

  the reportable fringe benefits total for the income year; and

 (d) the person’s exempt foreign income for the income year; and

 (e) the person’s reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for the income year.

 (4) The person’s exempt foreign income is the total amount (if any) by which the person’s income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936 exceeds the total amount of losses and outgoings that the person incurs in deriving that exempt income.

 (5) For the purposes of subsection (4), disregard any capital losses and outgoings.

  The minimum repayment income for the 200607 income year or for a later income year is the amount worked out under paragraph 15410(b) of the Higher Education Support Act 2003 in respect of that income year.

 (1) A person’s repayable debt for an income year is:

 (a) the person’s accumulated FS debt referred to in paragraph 1061ZZEZ(1)(b) in relation to that income year; or

 (b) if one or more amounts:

 (i) have been paid in reduction of that debt; or

 (ii) have been assessed under section 1061ZZFH to be payable in respect of that debt;

  the amount (if any) remaining after deducting from that debt the amount, or sum of the amounts, so paid or assessed to be payable.

 (2) A reference in paragraph (1)(b) to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

 (1) The amount that a person is liable to pay under section 1061ZZEZ, in respect of:

 (a) the 201920 income year; or

 (b) a later income year;

is the amount worked out using the formula:

Start formula Applicable percentage of repayment income minus Relevant income-contingent loans liability end formula

where:

applicable percentage of repayment income means an amount equal to so much of the person’s repayable debt for the income year as does not exceed the percentage of the person’s repayment income worked out in respect of the income year using the table in section 15420 of the Higher Education Support Act 2003.

relevant incomecontingent loans liability means the amount that is the sum of the following:

 (a) the sum of any amounts the person is liable to pay under section 1541 or 15416 of the Higher Education Support Act 2003 in respect of the income year;

 (b) the sum of any amounts the person is liable to pay under section 23EA or 23EC of the VET Student Loans Act 2016 in respect of the income year.

 (2) For the purposes of subsection (1), assume that the reference in the table in section 15420 of the Higher Education Support Act 2003 to the person’s repayment income is a reference to the person’s repayment income within the meaning of section 1061ZZFA of this Act.

 (3) A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

  Part IV of the Income Tax Assessment Act 1936, Division 5 of the Income Tax Assessment Act 1997, and Part IVC of, and Part 415 in Schedule 1 to, the Taxation Administration Act 1953, apply, so far as they can be applied and subject to this Part, to a person’s FS assessment debt as if it were income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936.

Note: FS assessment debts are also collected through the Pay As You Go (PAYG) system of collecting income tax: see Parts 21, 25 and 210 in Schedule 1 to the Taxation Administration Act 1953.

 (1) Part 425 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

 (a) any compulsory repayment amount of a person were income tax payable by the person in respect of the income year in respect of which the assessment of that debt was made; and

 (b) this Part were an income tax law.

 (2) Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

  Part 25 (other than section 1255 and Subdivisions 12E, 12F and 12G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a compulsory repayment amount of a person as if the compulsory repayment amount were income tax.

  Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a compulsory repayment amount of a person as if the compulsory repayment amount were income tax.

 (1) The Commissioner of Taxation may make an assessment of:

 (a) the amount of a person’s accumulated FS debt at 1 June immediately before the assessment is made; and

 (b) the amount required to be paid to reduce that debt under Division 5.

 (2) To make an assessment, the Commissioner may use any information in his or her possession, whether or not it came from a return.

  If:

 (a) the Commissioner of Taxation is required to serve on a person a notice of assessment in respect of the person’s income of a year of income under section 174 of the Income Tax Assessment Act 1936; and

 (b) an assessment (the relevant assessment) has been made in respect of the person of the amounts referred to in section 1061ZZFH but notice of the relevant assessment has not been served on the person;

notice of the relevant assessment may be served by setting out the amounts concerned in the notice referred to in paragraph (a).

 (1) The Commissioner of Taxation may, on application in the approved form by a person who has an accumulated FS debt, delay the making of an assessment under section 1061ZZFH.

 (2) An assessment may be delayed if the Commissioner considers that:

 (a) were the assessment to be made, payment of the assessed amount would cause serious hardship to the person; or

 (b) there are other special reasons that make it fair and reasonable to delay the assessment.

 (3) The Commissioner may delay the assessment for a period that he or she considers appropriate.

 (4) In this section:

approved form has the meaning given by section 38850 in Schedule 1 to the Taxation Administration Act 1953.

 (1) The Commissioner of Taxation may, on application in the approved form by a person who has an accumulated FS debt, amend an assessment made under section 1061ZZFH so that no amount is payable under the assessment.

 (2) The Commissioner may amend the assessment if he or she considers that:

 (a) payment of the assessed amount has caused or would cause serious hardship to the person; or

 (b) there are other special reasons that make it fair and reasonable to make the amendment.

 (3) In this section:

approved form has the meaning given by section 38850 in Schedule 1 to the Taxation Administration Act 1953.

 (1) If an application referred to in section 1061ZZFJ or 1061ZZFK is made, the Commissioner of Taxation must, as soon as practicable:

 (a) consider it; and

 (b) give to the applicant written notice of his or her decision on the application.

 (2) A notice of the decision must include a statement to the effect that:

 (a) if the applicant is dissatisfied with the decision of the Commissioner on the application, an application may, subject to the ART Act, be made to the ART for review of the decision; and

 (b) the applicant may, under section 268 of that Act, request a statement of reasons for the decision.

 (3) A failure to comply with subsection (2) does not affect the validity of the notice or of the decision to which the notice relates.

  An applicant under section 1061ZZFJ or 1061ZZFK may apply to the ART for review of:

 (a) a decision of the Commissioner of Taxation on the application referred to in section 1061ZZFJ; or

 (b) a decision by the Commissioner refusing to amend an assessment after receiving the application referred to in section 1061ZZFK.

 (1) An amount paid, or other benefit given, to a person under this Chapter is not subject to taxation under a law of the Commonwealth unless a provision of such a law expressly provides to the contrary.

 (2) However, subsection (1) does not affect the liability to taxation of a participating corporation for a subsidy or other amount paid to the corporation under this Chapter.

  An amount paid by a person to reduce the person’s debt to the Commonwealth under this Part must be applied in accordance with the person’s direction or, if there is no direction or the direction does not adequately deal with the matter:

 (a) first, to discharge or reduce the person’s FS assessment debts; and

 (b) then, to discharge or reduce the person’s accumulated FS debt.

  If a person dies owing a debt owing to the Commonwealth under this Part, other than an FS assessment debt, the debt is discharged by force of this section.

  This Division applies if, after a person makes a financial supplement contract with a participating corporation, whether before or after the termination date:

 (a) the person becomes bankrupt; or

 (b) the person enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966.

 (1) A debt arising under or out of the contract is not a provable debt in the bankruptcy or for the purposes of the personal insolvency agreement.

 (2) A right of the Commonwealth or of the corporation to bring an action or other proceeding against the person in respect of the debt is not affected by the bankruptcy or personal insolvency agreement.

 (3) The trustee of the estate of the bankrupt person or the trustee of the personal insolvency agreement is not entitled to recover under the Bankruptcy Act 1966 a payment made by the person to the Commonwealth or to the corporation in respect of the debt.

 (4) In this section:

debt arising under or out of the contract:

 (a) includes, but is not limited to:

 (i) an amount outstanding under the contract; and

 (ii) an amount that the person is liable to pay under section 1061ZZDE, 1061ZZDL, 1061ZZDV or 1061ZZEE; and

 (iii) an accumulated FS debt that discharges, or discharges the unpaid part of, an FS debt; but

 (b) does not include:

 (i) a debt constituted by an obligation to repay the amount of a payment that, because of paragraph 1061ZZCV(2)(a), 1061ZZCX(3)(a), 1061ZZDO(3)(a) or 1061ZZDY(3)(a), is not a payment of financial supplement; or

 (ii) an FS assessment debt that is required to be paid to reduce an accumulated FS debt.

 (1) Subject to subsection (2), if a decision of the Secretary under this Chapter is set aside after a review under Chapter 6, this Chapter has effect, and is taken to have always had effect, as if the decision had not been made.

 (2) If the decision is set aside after a review under Chapter 6 and another decision is substituted for the original decision, this Chapter has effect, and is taken to have always had effect, as if the substituted decision had been the original decision.

  If a decision of the Secretary under this Chapter is varied after a review under Chapter 6, this Chapter has effect, and is taken to have always had effect, as if the decision as varied had been the original decision.

  If any rights of a participating corporation to receive a payment from a person under this Chapter are transferred to the Commonwealth, the Secretary must, as soon as practicable, arrange for a written notice to be given to the person:

 (a) stating that the rights have been transferred; and

 (b) identifying any future payments that, because of the transfer, are required to be made to the Commonwealth.

  A transfer to the Commonwealth under this Chapter of any of the corporation’s rights under a financial supplement contract, or any other act or thing done or transaction entered into under this Chapter, is not subject to taxation under a law of a State or Territory.

 

  In this Chapter:

assurance of support means an undertaking by a person under this Chapter that the person will pay the Commonwealth an amount equal to the amount of social security payments that are:

 (a) received in respect of a period by another person who:

 (i) is identified in the undertaking; and

 (ii) becomes the holder under the Migration Act 1958 of a visa granted in connection with the undertaking (whether or not the person continues to hold the visa throughout the period); and

 (b) specified in a determination in force under section 1061ZZGH when the payments are received.

Note: An assurance of support may relate to social security payments received by 2 or more persons. See paragraph 23(b) of the Acts Interpretation Act 1901.

  A person may give an assurance of support only if the requirements specified for the purposes of this section in a determination under section 1061ZZGH are met in relation to the person.

Note 1: If a person who does not meet the requirements gives an undertaking purporting to be an assurance of support, the undertaking is not an assurance of support (because it is not under this Chapter) and the Secretary is not required either to accept or to reject the purported assurance.

Note 2: This section lets 2 or more persons give an assurance of support if they all meet the requirements specified in a determination under section 1061ZZGH. See paragraph 23(b) of the Acts Interpretation Act 1901.

 (1) A person gives an assurance of support by:

 (a) delivering the assurance in writing in accordance with a form approved by the Secretary:

 (i) to a person apparently performing duties at a place approved for the purpose by the Secretary; or

 (ii) to a person approved for the purpose by the Secretary; or

 (iii) in a manner, and to a place, approved for the purpose by the Secretary; or

 (b) giving the assurance in a manner approved by the Secretary for the purposes of this paragraph.

Note: If an undertaking purporting to be an assurance of support is given in some other way, the undertaking is not an assurance of support (because it is not under this Chapter) and the Secretary is not required either to accept or to reject the purported assurance.

 (2) A form approved for the purposes of paragraph (1)(a) may include other undertakings as well as the assurance of support.

 (3) A place or person approved for the purposes of paragraph (1)(a) may be in or out of Australia.

 (4) The Secretary’s power to approve for the purposes of paragraph (1)(b) is not limited by any other provision of this section.

Material to accompany assurance of support

 (5) When a person is giving an assurance of support, the person must also give the following material in a way in which an assurance of support may be given under subsection (1):

 (a) information specified in a form approved by the Secretary;

 (b) documents specified by the Secretary.

 (6) If the person giving the assurance of support contravenes subsection (5), the assurance is taken not to have been given.

 

 (1) If an assurance of support is given under this Chapter, the Secretary must accept or reject the assurance.

Accepting the assurance

 (2) The Secretary may accept the assurance, but only if:

 (a) he or she is satisfied that the requirements that are specified for the purposes of this paragraph in a determination under section 1061ZZGH and relate to the person who gave the assurance are met; and

 (b) the requirements in subsection (3) are met, if the assurance is in respect of:

 (i) a visa of a kind that can be granted under the Migration Act 1958 only if an assurance of support is accepted; and

 (ii) another person who was at least 18 at the time of the application for the visa;

  (whether or not the assurance is also in respect of someone else who was under 18 at the time of the application for the visa).

Note 1: The Secretary may accept an assurance given by 2 or more persons only if satisfied that the requirements specified in a determination under item 3 of the table in subsection 1061ZZGH(1) and relating to all of them are met. See paragraph 23(b) of the Acts Interpretation Act 1901.

Note 2: Subparagraph (2)(b)(i) does not apply to a visa of a kind in relation to which there is a discretion to request an assurance of support, because a visa of that kind can be granted without accepting an assurance if one is not requested (even if, in a case in which an assurance is requested, acceptance of the assurance is a condition for the grant of the visa).

 (3) At least one person who gave the assurance must have given the Secretary a single security for the liability that may be incurred, under section 1061ZZGG in connection with the assurance and a social security payment received by anyone identified in the assurance, by everyone who gave the assurance. The security must:

 (a) be in a form approved by the Secretary; and

 (b) be of a value specified for the purposes of this paragraph in a determination under section 1061ZZGH.

Rejecting the assurance

 (4) The Secretary may reject the assurance.

 (5) The circumstances in which the Secretary may reject the assurance include failure of the person giving the assurance to attend an interview relating to the assurance as requested by the Secretary. This subsection does not limit subsection (4).

 (1) If the Secretary accepts or rejects an assurance of support, he or she must give written notice of the acceptance or rejection to:

 (a) the person who gave the assurance; and

 (b) the Minister administering the Migration Act 1958.

The notice must name the person in respect of whom the assurance was given.

 (2) If:

 (a) the Secretary has accepted an assurance of support given by a person (the assurer) in respect of another person and a visa; and

 (b) the Secretary is informed that the other person:

 (i) is a holder under the Migration Act 1958 of the visa; and

 (ii) has entered the migration zone (as defined in that Act) before, on or after becoming the holder of the visa;

the Secretary must give the assurer written notice of the period for which the assurance is in force in respect of the other person.

Note: Section 1061ZZGF explains when an assurance of support is in force in respect of the other person.

 (3) If the assurance of support ceases to be in force in respect of the other person at a time determined by the Secretary under subparagraph 1061ZZGF(1)(b)(ii) or (iii), the Secretary must give the assurer written notice of that fact.

 

  A person who has given an assurance of support that has been accepted under this Chapter cannot withdraw that assurance once the person in respect of whom the assurance was given becomes the holder under the Migration Act 1958 of a visa granted in connection with the assurance.

 (1) For the purposes of this Act, an assurance of support that has been given in respect of a person identified in the assurance and has been accepted under this Chapter:

 (a) comes into force in respect of the person at the later of the following times:

 (i) the time at which the person becomes under the Migration Act 1958 the holder of the visa that was granted under that Act in connection with the assurance;

 (ii) the time at which the person enters the migration zone (as defined in that Act) as the holder of the visa; and

 (b) remains in force in respect of the person until the earliest of the following times:

 (i) the end of the period specified for the purposes of this subparagraph in a determination under section 1061ZZGH;

 (ii) the time (if any) determined by the Secretary under subsection (2);

 (iii) if a circumstance specified for the purposes of this subparagraph in a determination under section 1061ZZGH applies in relation to the assurance—the time determined by the Secretary in relation to that circumstance.

Note: An assurance of support given in respect of 2 or more persons may be in force at different times in respect of each of those persons.

 (2) The Secretary may determine that the assurance of support ceases to be in force in respect of the person at the time (which may be before the determination is made) another assurance of support comes into force in respect of the person.

 (3) For the purposes of this Act, an assurance of support (as defined in section 1061ZZGA) is in force in respect of a person only for the period for which it is in force in respect of the person under subsection (1) of this section.

 (4) Except as provided by paragraph (1)(b), an assurance of support that has come into force in respect of a person remains in force in respect of that person in spite of any change in circumstances whatsoever (including any purported withdrawal, however described, of the assurance).

 (1) This section has effect if:

 (a) a person (the assurer) has given an assurance of support that has been accepted under this Chapter; and

 (b) a social security payment is received, by another person who is identified in the assurance, in respect of all or part of the period for which the assurance is in force in respect of the other person; and

 (c) the social security payment is specified for the purposes of this section in a determination in force under section 1061ZZGH when the payment is received.

 (2) The assurer is liable to pay the Commonwealth the amount of the social security payment.

 (3) If the assurance was given by more than one person, all of the persons who gave it are jointly and severally liable to pay the Commonwealth the amount of the social security payment.

 

 (1) The Minister must, by legislative instrument, make a determination specifying, for the purposes of the provisions mentioned in the table, the things in the table.

 

Determinations

 

Provision(s)

Things to be specified

1

Definition of assurance of support in section 1061ZZGA and section 1061ZZGG

Social security payments

2

Section 1061ZZGB

Requirements to be met in relation to persons for them to be permitted by section 1061ZZGB to give assurances of support

3

Paragraph 
1061ZZGD(2)(a)

Requirements to be met in relation to persons giving assurances of support for the Secretary to be permitted by subsection 1061ZZGD(2) to accept such assurances

4

Paragraph 
1061ZZGD(3)(b)

Values of securities to be given for the Secretary to be permitted to accept assurances of support

5

Subparagraph 
1061ZZGF(1)(b)(i)

Periods for which assurances of support accepted under this Chapter remain in force in respect of persons under section 1061ZZGF

6

Subparagraph 
1061ZZGF(1)(b)(iii)

Circumstances in which assurances of support accepted under this Chapter cease to be in force

Note 1: A determination may specify matters and things by reference to classes and may make different provision with respect to different matters or classes of matters. See the Legislation Act 2003.

Note 2: The Minister may amend a determination by another legislative instrument. See the Acts Interpretation Act 1901.

 (2) A determination may specify, as a requirement to be met in relation to a person (the assurer) giving an assurance of support for the Secretary to be permitted by subsection 1061ZZGD(2) to accept the assurance, a requirement that relates to:

 (a) the members of a couple consisting of the assurer and the assurer’s partner; or

 (b) the assurer’s partner.

This subsection does not limit the requirements that may be specified under item 3 of the table in subsection (1) of this section.

 (3) Before making a determination specifying a thing described in item 4 or 5 of the table in subsection (1), the Minister must ask the Minister administering the Migration Act 1958 for comments on the things that should be specified and consider the comments (if any) received.

 

 (1) This Chapter, and the rest of the social security law so far as it relates to this Chapter, apply to an unincorporated body or association (the body) as if it were a person other than an individual, but they apply with the following changes.

Acts of certain persons treated as acts of the body

 (2) One change is that anything done or omitted by or in relation to:

 (a) if the body is a partnership—a partner; or

 (b) in any other case—a member of the committee of management of the body;

on behalf of the body is taken to have been done or omitted by the body.

Imposition of obligations and liabilities

 (3) Another change is that obligations, or liabilities under section 1061ZZGG, that would be imposed on the body are imposed instead on:

 (a) if the body is a partnership—each partner; or

 (b) in any other case—each member of the committee of management of the body;

but they may be discharged by any of the partners or any of those members.

The body cannot commit an offence

 (4) Another change is that if, apart from this subsection, the body would commit an offence, the body does not commit the offence.

Example: Subsection (1) applies section 217 of the Social Security (Administration) Act 1999 to the body as if it were a person. That section provides that a person who contravenes certain provisions of that Act about false or misleading statements commits an offence. The body does not commit an offence if it contravenes those provisions by making a false or misleading statement.

Limit on scope of changes

 (5) Subsections (2) and (3) do not affect:

 (a) whether, for the purposes of section 1061ZZGB (about giving an assurance of support), the requirements specified in a determination under section 1061ZZGH are met in relation to the body; or

 (b) whether, for the purposes of paragraph 1061ZZGD(2)(a) (about accepting an assurance of support), the requirements specified in a determination under section 1061ZZGH are met in relation to the body.

Note: Whether the body may give an assurance of support and whether such an assurance may be accepted depend on whether the requirements specified in relation to the body are met, rather than whether requirements relating to a person who is a partner or member of the body’s management committee are met in relation to that partner or member.

 (6) A determination under section 1061ZZGH (applying in accordance with this section) may specify, for the purposes of section 1061ZZGB or paragraph 1061ZZGD(2)(a) (as so applying in relation to the body), a requirement that relates to:

 (a) one or more of the partners, if the body is a partnership; or

 (b) some or all of the members of the body or of its committee of management, if the body is not a partnership.

This subsection does not limit the requirements relating to the body that may be specified.

 

 

The Employment Secretary may, on behalf of the Commonwealth, make, vary or administer an arrangement for the making of payments by the Commonwealth, or make, vary or administer a grant of financial assistance, in relation to various activities aimed at assisting unemployed or other persons to obtain and maintain paid work.

 (1) The Employment Secretary may, on behalf of the Commonwealth, make, vary or administer an arrangement for the making of payments by the Commonwealth, or make, vary or administer a grant of financial assistance, in relation to:

 (a) assisting unemployed persons to obtain and maintain paid work; or

 (b) assisting other persons to obtain and maintain paid work; or

 (c) assisting persons at risk of losing paid work to maintain that paid work or to obtain and maintain other paid work; or

 (d) assisting unemployed persons to become selfemployed; or

 (e) assisting other persons to become selfemployed; or

 (f) assisting recipients of participation payments (within the meaning of the Administration Act) to meet their mutual obligation requirements; or

 (g) the funding of measures designed to reduce discrimination in employment practices and to encourage workforce participation, including in relation to mature aged, young and Indigenous persons, persons with a disability and parents seeking to rejoin the workforce; or

 (h) the provision of online employment services; or

 (i) the funding of projects to create pathways to paid work and to address labour shortages; or

 (j) the funding of the activities of employment services providers; or

 (k) the provision of wage subsidies or other incentives to employers to employ unemployed persons; or

 (l) an activity determined in an instrument under subsection (2); or

 (m) a matter that is incidental or ancillary to a matter mentioned in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l).

 (1A) However, the making, varying or administering of an arrangement or grant under subsection (1) must be for the purposes of a program that is specified in an instrument under subsection (1B).

 (1B) The Employment Secretary may, by notifiable instrument, specify programs for the purposes of subsection (1A).

 (2) The Employment Minister may, by legislative instrument, determine an activity for the purposes of paragraph (1)(l).

Reimbursement of costs or expenses

 (3) An arrangement under subsection (1) may provide for the Commonwealth to reimburse, or partly reimburse, costs or expenses.

 (4) A grant under subsection (1) may be made by way of the reimbursement, or partial reimbursement, of costs or expenses.

 (5) Subsections (3) and (4) do not limit subsection (1).

Payment not a social security payment

 (5A) A payment under an arrangement or grant referred to in subsection (1) is not a social security payment.

Definitions

 (6) In this section:

arrangement includes a contract, agreement, deed or understanding.

Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000.

make, in relation to an arrangement, includes enter into.

 (1) An arrangement or grant referred to in section 1062A must be with respect to one or more of the following:

 (a) the provision of unemployment benefits, or other benefits, allowances, services or endowment, referred to in paragraph 51(xxiiiA) of the Constitution;

 (b) implementing any of Australia’s international obligations under the ILO Convention (No. 88) concerning the Organisation of the Employment Service done at San Francisco on 9 July 1948 ([1950] ATS 9), as amended and in force for Australia from time to time;

 (c) implementing any of Australia’s international obligations under the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9 July 1964 ([1970] ATS 17), as amended and in force for Australia from time to time;

 (d) implementing any of Australia’s international obligations under the ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23 June 1975 ([1986] ATS 2), as amended and in force for Australia from time to time;

 (e) implementing any of Australia’s international obligations under the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5), as amended and in force for Australia from time to time;

 (f) implementing any of Australia’s international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9), as amended and in force for Australia from time to time;

 (g) implementing any of Australia’s international obligations under the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4), as amended and in force for Australia from time to time;

 (h) implementing any of Australia’s international obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12), as amended and in force for Australia from time to time;

 (ha) implementing any of Australia’s international obligations under the United Nations Framework Convention on Climate Change done at New York on 9 May 1992 ([1994] ATS 2), as amended and in force for Australia from time to time;

 (hb) implementing any of Australia’s international obligations under the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997 ([2008] ATS 2), as amended and in force for Australia from time to time;

 (hc) implementing any of Australia’s international obligations under the Paris Agreement done at Paris on 12 December 2015 ([2016] ATS 24), as amended and in force for Australia from time to time;

 (i) the granting of financial assistance to a State or Territory;

 (j) a Territory;

 (k) Indigenous persons;

 (l) postal, telegraphic, telephonic or other like services within the meaning of paragraph 51(v) of the Constitution;

 (m) aliens within the meaning of paragraph 51(xix) of the Constitution;

 (n) the implied power of the Parliament to make laws with respect to nationhood;

 (o) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Note: The text of a Convention, Covenant, Protocol or Agreement could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Definitions

 (2) In this section:

Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000.

  This Chapter does not, by implication, limit the executive power of the Commonwealth.

  The Employment Secretary, when preparing the Employment Department’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include in that report:

 (a) the name of each program for which an arrangement or grant referred to in section 1062A was made, varied or administered in that period; and

 (b) in relation to each such program—the total of the amounts paid in that period under arrangements or grants referred to in section 1062A.

  The Administration Act, other than sections 3, 234 and 242 of that Act, does not apply in relation to this Chapter.

 

 (1) The following are the usual steps in the rate calculation process:

 (a) start with a maximum basic rate;

 (b) add any additional amounts that are subject to income or assets testing;

 (c) apply the income and assets tests;

 (d) add any additional amounts that are not subject to income or assets testing.

 (2) The overall rate calculation process is usually described in an early Module of the relevant Rate Calculator.

 (1) The Rate Calculators use the following standard categories of family situations:

 not member of a couple;

 member of a couple (or partnered);

 partnered (partner getting neither pension nor benefit);

 partnered (partner getting pension or benefit);

 partnered (partner getting pension);

 partnered (partner getting benefit);

 partnered (partner in gaol).

Note: See section 4 for definitions of those terms.

 (2) If it is necessary to distinguish between the members of subcategories of these standard categories further words of description are added to the standard category label.

 

 (1) The rate of:

 (a) age pension; and

 (b) disability support pension of a person who has turned 21, or of a person who has not turned 21 and has one or more dependent children; and

 (d) carer payment;

is, subject to subsection (2), to be calculated in accordance with the Rate Calculator at the end of this section.

Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.

Note 2: The rate obtained by applying the Rate Calculator may be reduced because of:

Note 3: For dependent child see section 5.

 (2) Subsection (1) does not apply to a person’s age or disability support pension if the person is permanently blind.

Note: The rate for an age pension or disability support pension payable to a person who is permanently blind is dealt with in section 1065.

 (4) If:

 (a) a person has a relationship with another person, whether of the same sex or a different sex (other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));

 (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;

the person’s pension rate is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner.

Note: This provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively.

Rate limited for armed service widow

 (5) If:

 (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

 (b) one of the following is payable to the widow:

 (i) an age pension;

 (ii) a disability support pension;

 (iv) a carer payment;

the widow’s pension rate is not to exceed:

 (c) if:

 (i) the widow has been receiving the payment referred to in paragraph (a) continuously since before 1 November 1986; and

 (ii) immediately before 1 November 1986, the widow was receiving a payment referred to in paragraph (b) at a rate exceeding $3,247.40; and

 (iii) the pension referred to in paragraph (b) is of the same type as the one which was payable to the person before 1 November 1986;

  the rate of pension received by the widow immediately before 1 November 1986; and

 (d) in any other case—$3,247.40.

Note: For armed services widow see subsection 4(1).

Rate limited for armed services widower

 (6) If:

 (a) an armed services widower is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

 (b) one of the following is payable to the widower:

 (i) an age pension;

 (ii) a disability support pension;

 (iii) a carer payment;

the rate of pension payable to the widower is not to exceed $3,247.40.

Note: For armed services widower see subsection 4(1).

 (7) If:

 (a) an armed services widow or an armed services widower is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and

 (b) one of the following is payable to the widow or widower:

 (i) an age pension;

 (ii) a disability support pension;

 (iv) a carer payment;

the rate of pension payable to the widow or widower is not to exceed $3,247.40.

Note: For armed services widow and armed services widower see subsection 4(1).

Method of calculating rate

 1064A1 The rate of pension is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).

Method statement

Step 1. Work out the person’s maximum basic rate using MODULE B below.

Step 1A. Work out the amount of pension supplement using Module BA below.

Step 1B. Work out the energy supplement (if any) using Module C below.

Step 3. Work out the amount per year (if any) for rent assistance in accordance with paragraph 1070A(b).

Step 4. Add up the amounts obtained in Steps 1, 1A, 1B and 3: the result is called the maximum payment rate.

Step 5. Apply the ordinary income test using MODULE E below to work out the income reduction.

 Note: Module F contains provisions that may apply to working out the ordinary income of a person, and the ordinary income of a partner of the person, for the purposes of disability support pension.

Step 8. Take the income reduction away from the maximum payment rate: the result is called the income reduced rate.

Step 9. Apply the assets test using MODULE G below to work out the reduction for assets.

Step 10. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate.

Step 11. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the provisional annual payment rate.

Step 12. The rate of pension is the amount obtained by:

 (a) subtracting from the provisional annual payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module H).

Note 1: If a person’s assets reduced rate is less than the person’s income reduced rate, the person may be able to take advantage of provisions dealing with financial hardship (sections 1129 and 1130).

Note 2: Section 1210 deals with the application of income and assets test reductions.

Note 3: The rate calculation for a member of a couple is affected by the operation of points 1064A2 and 1064A3.

Note 4: In some circumstances a person may also be qualified for a pharmaceutical allowance under Part 2.22.

Note 5: A person’s rate may also be reduced because the person or the person’s partner receives compensation (see section 1173) or because the person or the person’s partner is receiving a foreign pension (see scheduled international social security agreements at section 1208).

Note 7: Clause 146 of Schedule 1A may affect the provisional annual payment rate in step 11.

Members of a couple

 1064A2 Where 2 people are members of a couple, they will be treated as pooling their resources (income and assets) and sharing them on a 50/50 basis (see points 1064E2 and 1064G2 below). They will also be treated as sharing expenses (e.g. for rent) on a 50/50 basis (see section 1070V).

Maximum basic rate

 1064B1 A person’s maximum basic rate depends on the person’s family situation. Work out which family situation in Table B applies to the person. The maximum basic rate is the corresponding amount in column 3.

 

Table B—Maximum basic rates

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate per year

Column 4

Rate per fortnight

1.

Not member of couple

$8,114.60

$312.10

2.

Partnered

$6,767.80

$260.30

3.

Member of illness separated couple

$8,114.60

$312.10

4.

Member of respite care couple

$8,114.60

$312.10

5.

Partnered (partner in gaol)

$8,114.60

$312.10

Note 1: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The maximum basic rates are adjusted 6 monthly: see sections 1191 to 1198A.

Pension supplement

 1064BA1 A pension supplement amount is to be added to the person’s maximum basic rate.

Residents in Australia etc.

 1064BA2 If the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks;

the person’s pension supplement amount is:

 (c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1064BA4; and

 (d) otherwise—the amount worked out under point 1064BA3.

Residents in Australia etc.—no election in force

 1064BA3 The person’s pension supplement amount is the amount worked out by:

 (a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and

 (b) if:

 (i) the person is not partnered; and

 (ii) the amount resulting from paragraph (a) is not a multiple of $2.60;

  rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).

 

Item

Person’s family situation

Use this %

1

Not member of couple

66.33%

2

Partnered

50%

3

Member of illness separated couple

66.33%

4

Member of respite care couple

66.33%

5

Partnered (partner in gaol)

66.33%

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Residents in Australia etc.—election in force

 1064BA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1064BA3 as if the election were not in force;

 (b) from that amount, subtract the person’s minimum pension supplement amount.

Persons absent from Australia for more than 6 weeks

1064BA5  If the person is not covered by point 1064BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.

 1064C1 An energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

Note: Section 918 may affect the addition of the energy supplement.

 1064C2 However, this Module does not apply if quarterly energy supplement is payable to the person.

 1064C3 The person’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Person’s family situation

Amount of energy supplement

1

Not a member of a couple

$366.60

2

Partnered

$275.60

3

Member of an illness separated couple

$366.60

4

Member of a respite care couple

$366.60

5

Partnered (partner in gaol)

$366.60

Effect of income on maximum payment rate

 1064E1 This is how to work out the effect of a person’s ordinary income on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a yearly basis.

 Note 1: For the treatment of the ordinary income of members of a couple see point 1064E2.

 Note 2: Module F contains provisions that may apply to working out the ordinary income of a person, and the ordinary income of a partner of the person, for the purposes of disability support pension.

Step 2. Work out the person’s ordinary income free area (see point 1064E4 below).

 Note: A person’s ordinary income free area is the amount of ordinary income that the person can have without any deduction being made from the person’s maximum payment rate.

Step 3. Work out whether the person’s ordinary income exceeds the person’s ordinary income free area.

Step 4. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.

Step 5. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Step 6. Use the person’s ordinary income excess to work out the person’s reduction for ordinary income using points 1064E10 to 1064E12 below.

Note 1: See point 1064A1 (Steps 5 to 8) for the significance of the person’s reduction for ordinary income.

Note 2: The application of the ordinary income test is affected by provisions concerning:

Ordinary incomes of members of couples

 1064E2 If a person is a member of a couple, add the couple’s ordinary incomes (on a yearly basis) and divide by 2 to work out the amount of the person’s ordinary income for the purposes of this Module.

Note: For the purposes of working out a person’s disability support pension rate under this Rate Calculator, Module F applies to working out the ordinary incomes of both members of the couple.

Payment of arrears of periodic compensation payments

 1064E3 If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving age pension, disability support pension or carer pension; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: For periodic payments period see section 17.

How to calculate a person’s ordinary income free area

 1064E4 A person’s ordinary income free area is worked out using Table E1. Work out which family situation in Table E1 applies to the person. The ordinary income free area is the corresponding amount in column 3.

 

Table E1—Ordinary free area limits

Column 1

Item

Column 2

Category of person

Column 3

Basic free area per year

Column 4

Basic free area per fortnight

1.

Not member of a couple

$2,080

$80

2.

Partnered (partner getting neither pension nor benefit)

$1,820

$70

3.

Partnered (partner getting benefit)

$1,820

$70

4.

Partnered (partner getting pension)

$1,820

$70

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit), partnered (partner getting benefit) and partnered (partner getting pension) see section 4.

Note 3: Items 2, 3 and 4 of Table E1 apply to members of illness separated and respite care couples.

Note 4: The basic free area limits are indexed annually in line with CPI increases (see sections 1191 to 1194).

Pension reduction for ordinary income in excess of ordinary income free area

 1064E10 A person’s reduction for ordinary income is:

Start formula Ordinary income excess times 0.5 end formula

Ordinary income excess

 1064E11 A person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Application of this Module

 1064F1 This Module applies only for the purposes of working out the rate of disability support pension payable to a person. It so applies to that person and, if the person is a member of a couple, to the person’s partner.

Lump sum payments arising from termination of employment

 1064F2 Subject to points 1064F4 to 1064F14 (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Certain leave payments taken to be ordinary income—employment continuing

 1064F4 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain payments taken to be ordinary income—employment terminated

 1064F5 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day

 1064F6 If:

 (a) a person is covered by point 1064F5; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1064F7 If a person is covered by point 1064F4, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1064F8 If a person is covered by point 1064F5, the income maintenance period starts, subject to point 1064F9, on the day on which the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1064F9 If:

 (a) a person who is covered by point 1064F5 is subject to an income maintenance period (the first period); and

 (b) the person is paid another termination payment during that period (the second termination payment);

the income maintenance period for the second termination payment starts on the day after the end of the first period.

Leave payments or termination payments in respect of periods longer than a fortnight

 1064F10 If:

 (a) a person receives a leave payment or termination payment; and

 (b) the payment is in respect of a period longer than a fortnight;

the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:

 (c) dividing the amount received by the number of days in the period to which the payment relates (the daily rate); and

 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1064F11 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the pension claimed may not be payable to the person; or

(b) the amount of the pension payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1064F12 For the purposes of points 1064F4 to 1064F11 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if:

 (a) the payment is made to another person:

 (i) at the direction of the first person or a court; or

 (ii) on behalf of the first person; or

 (iii) for the benefit of the first person; or

 (b) the first person waives or assigns his or her right to receive the payment.

Single payment in respect of different kinds of termination payments

 1064F13 If a person who is covered by point 1064F5 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1064F4 to 1064F12 (inclusive):

 (a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and

 (b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1064F14 In this Module:

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

payment fortnight means a fortnight in respect of which a disability support pension is paid, or would be paid apart from the application of an income maintenance period, to a person.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Effect of assets on maximum payment rate

 1064G1 This is how to work out the effect of a person’s assets on the person’s maximum payment rate:

Method statement

Step 1. Work out the value of the person’s assets.

 Note 1: For the treatment of the assets of members of a couple see point 1064G2.

 Note 2: For the assets that are to be disregarded in valuing a person’s assets see section 1118.

 Note 3: For the valuation of an asset that is subject to a charge or encumbrance see section 1121.

Step 2. Work out the person’s assets value limit (see point 1064G3 below).

 Note: A person’s assets value limit is the maximum value of assets the person can have without affecting the person’s pension rate.

Step 3. Work out whether the value of the person’s assets exceeds the person’s assets value limit.

Step 4. If the value of the person’s assets does not exceed the person’s assets value limit, the person’s assets excess is nil.

Step 5. If the value of the person’s assets exceeds the person’s assets value limit, the person’s assets excess is the value of the person’s assets less the person’s assets value limit.

Step 6. Use the person’s assets excess to work out the person’s reduction for assets using points 1064G4 to 1064G7 below.

Note 1: See point 1064A1 (steps 9 and 10) for the significance of the person’s reduction for assets.

Note 2: The application of the assets test is affected by provisions concerning disposal of assets (sections 1123 to 1128), retirement villages (sections 1145 to 1157) and financial hardship (sections 1129 and 1130).

Value of assets of members of couples

 1064G2 For the purposes of this Module:

 (a) the value of the assets of a member of a couple is to be taken to be 50% of the sum of:

 (i) the value of the person’s assets; and

 (ii) the value of the person’s partner’s assets; and

 (b) the value of the assets of a particular kind of a member of a couple is to be taken to be 50% of the sum of:

 (i) the value of the person’s assets of that kind; and

 (ii) the value of the person’s partner’s assets of that kind.

Assets value limit

 1064G3 A person’s assets value limit is worked out using Table G1. Work out the person’s family situation and home ownership situation. The assets value limit is the corresponding amount in column 3.

 

Table G1—Assets value limit

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$250,000

$450,000

2.

Partnered (partner getting neither pension nor benefit)

$187,500

$287,500

3.

Partnered (partner getting pension or benefit)

$187,500

$287,500

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2: For homeowner see section 11.

Note 3: Items 2 and 3 apply to members of illness separated and respite care couples.

Note 4: The assets value limits are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1203).

Pension reduction for assets in excess of assets value limit

 1064G4 A person’s reduction for assets is worked out using Table G2. Work out which family situation applies to the person. The reduction for assets is the amount per year worked out using the corresponding calculation in column 3.

 

Table G2—Reduction for assets

Column 1

Item

Column 2

Person’s family situation

Column 3

Reduction

1.

Not member of a couple

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

2.

Partnered (partner getting neither pension nor benefit)

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

3.

Partner (partner getting pension or benefit)

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit), partnered (partner getting benefit) and partnered (partner getting pension) see section 4.

Note 4: For assets excess see point 1064G5 below.

Assets excess

 1064G5 A person’s assets excess is the value of the person’s assets less the person’s assets value limit.

 1064G7 In calculating a person’s assets excess under point 1064G5 disregard any part of the excess that is not a multiple of $250.

Remote area allowance

 1064H1 An amount by way of remote area allowance is to be added to a person’s rate of pension if:

 (aa) either:

 (i) the person’s rate of pension apart from this point is greater than nil; or

 (ii) apart from this point, the person’s rate of pension would be nil merely because an election by the person under subsection 1061VA(1) is in force; and

 (a) the person’s usual place of residence is situated in the remote area; and

 (b) the person is physically present in the remote area.

Note: For remote area and physically present in the remote area see section 14.

Rate of remote area allowance

 1064H2 The rate of remote area allowance payable to a person is worked out using Table H. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each FTB child, and each regular care child, of the person.

 

Table H—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance per year

Column 4

Basic allowance per fortnight

Column 5

Additional allowance per year

Column 6

Additional allowance per fortnight

1.

Not member of couple

$473.20

$18.20

$189.80

$7.30

2.

Partnered

$405.60

$15.60

$189.80

$7.30

3.

Member of illness separated couple

$473.20

$18.20

$189.80

$7.30

4.

Member of respite care couple

$473.20

$18.20

$189.80

$7.30

5.

Partnered (partner in gaol)

$473.20

$18.20

$189.80

$7.30

Note: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Special rule where partner has an FTB or regular care child but is not receiving a pension

 1064H5 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner is not receiving a pension or benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1064H6 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1064H7 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

 (1) The rate of:

 (a) age pension payable to a person who is permanently blind; and

 (b) disability support pension payable to a person who:

 (i) is permanently blind; and

 (ii) has turned 21; and

 (c) disability support pension payable to a person who:

 (i) is permanently blind; and

 (ii) has not turned 21; and

 (iii) has one or more dependent children;

is to be calculated in accordance with the Rate Calculator at the end of this section.

Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.

Note 2: For dependent child see section 5.

 (3) Where:

 (a) a person who is permanently blind has a relationship with another person, whether of the same sex or a different sex (other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));

 (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;

the rate of pension payable to the person who is permanently blind is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner.

Note: This provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively.

Rate limited for certain armed services widows

 (4) If:

 (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

 (b) an age or disability support pension is payable to the widow;

the rate of pension payable to the widow is not to exceed:

 (c) if:

 (i) the widow has been receiving the payment referred to in paragraph (a) continuously since before 1 November 1986; and

 (ii) immediately before 1 November 1986, the widow was receiving a payment referred to in paragraph (b) at a rate exceeding $3,247.40; and

 (iii) the pension referred to in paragraph (b) is of the same type as the one which was payable to the person before 1 November 1986;

  the rate of pension received by the widow immediately before 1 November 1986; and

 (d) in any other case—$3,247.40.

Note: For armed services widow see subsection 4(1).

Rate limited for certain armed services widowers

 (5) If:

 (a) an armed services widower is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

 (b) an age or disability support pension is payable to the widower;

the rate of pension payable to the widower is not to exceed $3,247.40.

Note: For armed services widower see subsection 4(1).

Rate limited for certain armed services widows and widowers

 (6) If:

 (a) an armed services widow or an armed services widower is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and

 (b) an age or disability support pension is payable to the widow or widower;

the rate of pension payable to the widow or widower is not to exceed $3,247.40.

Note: For armed services widow and armed services widower see subsection 4(1).

Method of calculating rate

 1065A1 The rate of pension is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).

Method statement

Step 1. Work out what would be the person’s rate of pension if Pension Rate Calculator A applied to the person: the result is called the notional income/assets tested rate.

Step 2. Work out the person’s maximum basic rate using MODULE B below.

Step 2A. Work out the amount of pension supplement using Module BA below.

Step 3. Work out the energy supplement (if any) using Module C below.

Step 4. Add up the amounts obtained in Steps 2, 2A and 3: the result is called the maximum payment rate.

Step 5. Work out the nonincome/assets tested rate by:

 (a) subtracting from the maximum payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module E).

Step 6. Compare the notional income/assets tested rate and the nonincome/assets tested rate: whichever is the greater is the person’s rate of pension.

Note 1: The person will also be qualified for a pharmaceutical allowance under Part 2.22.

Note 2: An amount of remote area allowance is to be added under Step 5 only if the person’s rate of pension after Step 4 is greater than nil.

Maximum basic rate

 1065B1 A person’s maximum basic rate depends on the person’s family situation. Work out which family situation in Table B applies to the person. The maximum basic rate is the corresponding amount in column 3 of the Table.

 

Table B—Maximum basic rates

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate per year

Column 4

Rate per fortnight

1.

Not member of couple

$8,114.60

$312.10

2.

Partnered

$6,767.80

$260.30

3.

Member of illness separated couple

$8,114.60

$312.10

4.

Member of respite care couple

$8,114.60

$312.10

5.

Partnered (partner in gaol)

$8,114.60

$312.10

Note 1: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The maximum basic rates are adjusted 6 monthly: see sections 1191 to 1198A.

Pension supplement

 1065BA1 A pension supplement amount is to be added to the person’s maximum basic rate.

Residents in Australia etc.

 1065BA2 If the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks;

the person’s pension supplement amount is:

 (c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1065BA4; and

 (d) otherwise—the amount worked out under point 1065BA3.

Residents in Australia etc.—no election in force

 1065BA3 The person’s pension supplement amount is the amount worked out by:

 (a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and

 (b) if:

 (i) the person is not partnered; and

 (ii) the amount resulting from paragraph (a) is not a multiple of $2.60;

  rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).

 

Item

Person’s family situation

Use this %

1

Not member of couple

66.33%

2

Partnered

50%

3

Member of illness separated couple

66.33%

4

Member of respite care couple

66.33%

5

Partnered (partner in gaol)

66.33%

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Residents in Australia etc.—election in force

 1065BA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1065BA3 as if the election were not in force;

 (b) from that amount, subtract the person’s minimum pension supplement amount.

Persons absent from Australia for more than 6 weeks

1065BA5  If the person is not covered by point 1065BA2, the person’s pension supplement amount is the person’s pension supplement basic amount.

 1065C1 An energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

Note: Section 918 may affect the addition of the energy supplement.

 1065C2 However, this Module does not apply if quarterly energy supplement is payable to the person.

 1065C3 The person’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Person’s family situation

Amount of energy supplement

1

Not a member of a couple

$366.60

2

Partnered

$275.60

3

Member of an illness separated couple

$366.60

4

Member of a respite care couple

$366.60

5

Partnered (partner in gaol)

$366.60

Remote area allowance

 1065E1 An amount by way of remote area allowance is to be added to a person’s rate of pension if:

 (aa) either:

 (i) the person’s rate of pension apart from this point is greater than nil; or

 (ii) apart from this point, the person’s rate of pension would be nil merely because an election by the person under subsection 1061VA(1) is in force; and

 (a) the person’s usual place of residence is situated in the remote area; and

 (b) the person is physically present in the remote area.

Note: For remote area and physically present in the remote area see section 14.

Rate of remote area allowance

 1065E2 The rate of remote area allowance payable to a person is worked out using Table E. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each FTB child, and each regular care child, of the person.

 

Table E—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance per year

Column 4

Basic allowance per fortnight

Column 5

Additional allowance per year

Column 6

Additional allowance per fortnight

1.

Not member of couple

$473.20

$18.20

$189.80

$7.30

2.

Partnered

$405.60

$15.60

$189.80

$7.30

3.

Member of illness separated couple

$473.20

$18.20

$189.80

$7.30

4.

Member of respite care couple

$473.20

$18.20

$189.80

$7.30

5.

Partnered (partner in gaol)

$473.20

$18.20

$189.80

$7.30

Note: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Special rule where partner has an FTB or regular care child but is not receiving a pension

 1065E4 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner is not receiving a pension or benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1065E5 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1065E6 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

 (1) The rate of disability support pension of a person who has not turned 21 is, subject to subsection (2), to be calculated in accordance with the Rate Calculator at the end of this section.

Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.

 (2) Subsection (1) does not apply if:

 (a) the person is permanently blind; or

 (b) the person has one or more dependent children.

Note 1: The rate for a disability support pension payable to a person under 21 who is permanently blind is dealt with in section 1066B.

Note 2: For dependent child see section 5.

Note 3: The rate for a disability support pension payable to a person under 21 who has one or more dependent children is dealt with in section 1064 or 1065.

 (3) A person’s disability support pension rate is not to exceed the rate at which a disability support pension would be payable to that person if the person’s rate were calculated using Pension Rate Calculator A at the end of section 1064.

 (5) If:

 (a) a person has a relationship with another person, whether of the same sex or a different sex (other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));

 (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;

the person’s disability support pension rate is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner.

Note: This provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively.

Method of calculating rate

 1066AA1 The rate of pension is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).

Method statement

Step 1. Work out the person’s maximum basic rate using MODULE B below.

Step 1A. Work out the energy supplement (if any) using Module BA below.

Step 2. Work out the amount per year for youth disability, Supplement using MODULE C below.

Step 3. Work out the amount per year (if any) of pharmaceutical allowance using MODULE D below.

Step 4. Work out the amount per year (if any) for rent assistance in accordance with paragraph 1070A(b).

Step 5. Add up the amounts obtained in Steps 1, 1A, 2, 3 and 4: the result is called the maximum payment rate.

 Note: Module G contains provisions that may apply to working out, under this Rate Calculator, the ordinary income of a person, and the ordinary income of a partner of the person.

Step 6. Apply the ordinary income test using MODULE F below to work out the income reduction.

Step 9. Take the income reduction away from the maximum payment rate: the result is called the income reduced rate.

Step 10. Apply the assets test using MODULE H below to work out the reduction for assets.

Step 11. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate.

Step 12. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the provisional annual payment rate.

Step 13. The rate of pension is the amount obtained by:

 (a) subtracting from the provisional annual payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module I).

Note 1: If a person’s assets reduced rate is less than the person’s income reduced rate, the person may be able to take advantage of provisions dealing with financial hardship (sections 1129 and 1130).

Note 2: Section 1210 deals with the application of income and assets test reductions.

Note 3: The rate calculation for a member of a couple is affected by the operation of point 1066AA2.

Members of a couple

 1066AA2 Where 2 people are members of a couple, they will be treated as pooling their resources (income and assets) and sharing them on a 50/50 basis (see points 1066AF2, and 1066AH2 below). They will also be treated as sharing expenses (e.g. for rent) on a 50/50 basis (see section 1070V).

Maximum basic rate

 1066AB1 A person’s maximum basic rate is to be worked out using Table B. Work out the family situation. The maximum basic rate is the corresponding amount in column 3.

 

Table B—Maximum basic rates

Column 1
Item

Column 2
Person’s family situation

Column 3
Rate per year

Column 4
Rate per fortnight

1

Not a member of a couple and person:

(a) is under 18 years of age; and

(b) is not independent; and

(c) is not living away from the person’s parental home because of a medical condition of the person

$9,695.40

$372.90

2

Not a member of a couple and person:

(a) is under 18 years of age; and

(b) either:

(i) is independent; or

(ii) is living away from the person’s parental home because of a medical condition of the person

$15,672.80

$602.80

3

Not a member of a couple and person:

(a) has reached 18 years of age; and

(b) is living at home of parent or parents; and

(c) is not independent

$11,164.40

$429.40

4

Not a member of a couple and person:

(a) has reached 18 years of age; and

(b) either:

(i) is not living at a home of parent or parents; or

(ii) is living at a home of parent or parents, but is independent

$15,672.80

$602.80

5

Partnered

$15,672.80

$602.80

6

Member of illness separated couple, member of respite care couple or partnered (partner in gaol)

$15,672.80

$602.80

Note 1: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: For independent see section 5.

Note 3: For living away from the person’s parental home see subsection 23(4D).

Note 4: The rates in column 3 are adjusted annually in line with CPI changes (see section 1198B).

 1066ABA1 An energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the person.

Note: Section 918 may affect the addition of the energy supplement.

1066ABA2 The person’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Person’s family situation for maximum basic rate

Amount of energy supplement

1

If the person’s maximum basic rate is worked out under item 1 of the table in point 1066AB1

$153.40

2

If the person’s maximum basic rate is worked out under item 2, 4, 5 or 6 of the table in point 1066AB1

$236.60

3

If the person’s maximum basic rate is worked out under item 3 of the table in point 1066AB1

$171.60

Youth disability supplement

 1066AC1 An amount by way of youth disability supplement is to be added to a person’s rate. The rate of youth disability supplement is $1,557.40 per year ($59.90 per fortnight).

Note: The rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).

Qualification for pharmaceutical allowance

 1066AD1 Subject to points 1066AD2, 1066AD3,1066AD4 and 1066AD6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if the person is an Australian resident.

No pharmaceutical allowance if person receiving certain supplements under other Acts

 1066AD2 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving:

 (a) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019.

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1066AD3 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

No pharmaceutical allowance before advance payment period ends

 1066AD4 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and

 (b) the person’s advance payment period has not ended.

Note: For advance payment period see point 1066AD5.

Advance payment period

 1066AD5 A person’s advance payment period:

 (a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and

 (b) ends after the number of paydays worked out using the following formula have passed:

Start formula start fraction amount of advance times 26 over pharmaceutical allowance rate end fraction end formula

where:

amount of advance is the amount of the advance paid to the person.

pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

 1066AD6 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance during the current calendar year; and

 (b) the total amount paid to the person for that year by way of:

 (i) pharmaceutical allowance; and

 (ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).

Note 2: The annual limit is affected by:

Amount of pharmaceutical allowance

 1066AD8 The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

 

Pharmaceutical allowance amount table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per year

Column 4

Amount per fortnight

1.

Not member of couple

$135.20

$5.20

2.

Partnered

$67.60

$2.60

3.

Member of illness separated couple

$135.20

$5.20

4.

Member of respite care couple

$135.20

$5.20

5.

Partnered (partner getting service pension)

$67.60

$2.60

6.

Partnered (partner in gaol)

$135.20

$5.20

Note 1: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).

Effect of income on maximum payment rate

 1066AF1 This is how to work out the effect of a person’s ordinary income on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a yearly basis.

 Note 1: For the treatment of the ordinary income of members of a couple see point 1066AF2.

 Note 2: Module G contains provisions that may apply to working out, under this Rate Calculator, the ordinary income of a person, and the ordinary income of a partner of the person.

Step 2. Work out the person’s ordinary income free area (see point 1066AF3 below).

 Note: A person’s ordinary income free area is the amount of ordinary income that the person can have without any deduction being made from the person’s maximum payment.

Step 3. Work out whether the person’s ordinary income exceeds the person’s ordinary income free area.

Step 4. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.

Step 5. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Step 6. Use the person’s ordinary income excess to work out the person’s reduction for ordinary income using points 1066AF9 to 1066AF11 below.

Note 1: See point 1066AA1 (Steps 6 to 9) for the significance of the person’s reduction for ordinary income.

Note 2: The application of the ordinary income test is affected by provisions concerning:

Ordinary incomes of members of couples

 1066AF2 If a person is a member of a couple, add the couple’s ordinary incomes (on a yearly basis) and divide by 2 to work out the amount of the person’s ordinary income for the purposes of this Module.

Payment of arrears of periodic compensation payments

 1066AF2A If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving disability support pension; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: For periodic payments period see section 17.

How to calculate a person’s ordinary income free area

 1066AF3 A person’s ordinary income free area is worked out using Table F1. Work out which family situation in Table F1 applies to the person. The ordinary income free area is the corresponding amount in column 3.

 

Table F1—Ordinary income free area

Column 1

Item

Column 2

Category of person

Column 3

Basic free area per year

Column 4

Basic free area per fortnight

1.

Not member of a couple

$2,184

$80

2.

Partnered (partner getting neither pension nor benefit)

$1,924

$70

3.

Partnered—(partner getting benefit)

$1,924

$70

4.

Partnered—(partner getting pension)

$1,924

$70

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit), partnered (partner getting benefit) and partnered (partner getting pension) see section 4.

Note 3: Items 2, 3 and 4 of Table F1 apply to members of illness separated couples.

Note 4: The basic free area limits are indexed annually in line with CPI increases (see sections 1191 to 1194).

Pension reduction for ordinary income in excess of ordinary income free area

 1066AF9 A person’s reduction for ordinary income is:

Start formula Ordinary income excess times 0.5 end formula

Ordinary income excess

 1066AF10 A person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Application of this Module

 1066AG1 This Module applies to a person and, if the person is a member of a couple, the person’s partner.

Lump sum payments arising from termination of employment

 1066AG2 Subject to points 1066AG4 to 1066AG14 (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Certain leave payments taken to be ordinary income—employment continuing

 1066AG4 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain payments taken to be ordinary income—employment terminated

 1066AG5 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day

 1066AG6 If:

 (a) a person is covered by point 1066AG5; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1066AG7 If a person is covered by point 1066AG4, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1066AG8 If a person is covered by point 1066AG5, the income maintenance period starts, subject to point 1066AG9, on the day on which the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1066AG9 If:

 (a) a person who is covered by point 1066AG5 is subject to an income maintenance period (the first period); and

 (b) the person is paid another termination payment during that period (the second termination payment);

the income maintenance period for the second termination payment starts on the day after the end of the first period.

Leave payments or termination payments in respect of periods longer than a fortnight

 1066AG10 If:

 (a) a person receives a leave payment or termination payment; and

 (b) the payment is in respect of a period longer than a fortnight;

the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:

 (c) dividing the amount received by the number of days in the period to which the payment relates (the daily rate); and

 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1066AG11 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the pension claimed may not be payable to the person; or

(b) the amount of the pension payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1066AG12 For the purposes of points 1066AG4 to 1066AG11 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if:

 (a) the payment is made to another person:

 (i) at the direction of the first person or a court; or

 (ii) on behalf of the first person; or

 (iii) for the benefit of the first person; or

 (b) the first person waives or assigns his or her right to receive the payment.

Single payment in respect of different kinds of termination payments

 1066AG13 If a person who is covered by point 1066AG5 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1066AG4 to 1066AG12 (inclusive):

 (a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and

 (b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1066AG14 In this Module:

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

payment fortnight means a fortnight in respect of which a disability support pension is paid, or would be paid apart from the application of an income maintenance period, to a person.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Effect of assets on maximum payment rate

 1066AH1 This is how to work out the effect of a person’s assets on the person’s maximum payment rate:

Method statement

Step 1. Work out the value of the person’s assets.

 Note 1: For the treatment of the assets of members of a couple see point 1066AH2.

 Note 2: For the assets that are to be disregarded in valuing a person’s assets see section 1118.

 Note 3: For the valuation of an asset that is subject to a charge or encumbrance see section 1121.

Step 2. Work out the person’s assets value limit (see point 1066AH3 below).

 Note: A person’s assets value limit is the maximum value of assets the person can have without affecting the person’s pension rate.

Step 3. Work out whether the value of the person’s assets exceeds the person’s assets value limit.

Step 4. If the value of the person’s assets does not exceed the person’s assets value limit, the person’s assets excess is nil.

Step 5. If the value of the person’s assets exceeds the person’s assets value limit, the person’s assets excess is the value of the person’s assets less the person’s assets value limit.

Step 6. Use the person’s assets excess to work out the person’s reduction for assets using points 1066AH4 to 1066AH7 below.

Note 1: See point 1066AA1 Steps 10 and 11 for the significance of the person’s reduction for assets.

Note 2: The application of the assets test is affected by provisions concerning disposal of assets (sections 1123 to 1128), retirement villages (sections 1145 to 1157) and financial hardship (sections 1129 and 1130).

Value of assets of members of couples

 1066AH2 For the purposes of this Module:

 (a) the value of the assets of a member of a couple is to be taken to be 50% of the sum of:

 (i) the value of the person’s assets; and

 (ii) the value of the person’s partner’s assets; and

 (b) the value of the assets of a particular kind of a member of a couple is to be taken to be 50% of the sum of:

 (i) the value of the person’s assets of that kind; and

 (ii) the value of the person’s partner’s assets of that kind.

Assets value limit

 1066AH3 A person’s assets value limit is worked out using Table H1. Work out the person’s family situation and home ownership situation. The assets value limit is the corresponding amount in column 3.

 

Table H1—Assets value limit

Column 1

Column 2

Column 3

Assets value limit

Item

Person’s family situation

Column 3A

Either person or partner homeowner

Column 3B

Neither person nor partner homeowner

1.

Not member of a couple

$250,000

$450,000

2.

Partnered (partner getting neither pension nor benefit)

$187,500

$287,500

3.

Partnered (partner getting pension or benefit)

$187,500

$287,500

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2: For homeowner see section 11.

Note 3: Items 2 and 3 apply to members of illness separated couples.

Note 4: The assets value limits are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1203).

Pension reduction for assets in excess of assets value limit

 1066AH4 A person’s reduction for assets is worked out using Table H2. Work out which family situation applies to the person. The reduction for assets is the amount per year worked out using the corresponding calculation in column 3.

 

Table H2—Reduction for assets

Column 1

Item

Column 2

Person’s family situation

Column 3

Reduction

1.

Not member of couple

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

2.

Partnered (partner getting neither pension nor benefit)

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

3.

Partner (partner getting pension or benefit)

Start formula start fraction Assets excess times 19.5 over 250 end fraction end formula

 

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit), partnered (partner getting benefit) and partnered (partner getting pension) see section 4.

Note 3: For assets excess see point 1066AH5 below.

Assets excess

 1066AH5 A person’s assets excess is the value of the person’s assets less the person’s assets value limit.

 1066AH7 In calculating a person’s assets excess under point 1066AH5 disregard any part of the excess that is not a multiple of $250.

Remote area allowance

 1066AI1 An amount by way of remote area allowance is to be added to a person’s rate of pension if:

 (aa) either:

 (i) the person’s rate of pension apart from this point is greater than nil; or

 (ii) apart from this point, the person’s rate of pension would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act; and

 (a) the person’s usual place of residence is situated in the remote area; and

 (b) the person is physically present in the remote area.

Note: For remote area and physically present in the remote area see section 14.

Rate of remote area allowance

 1066AI2 The rate of remote area allowance payable to a person is worked out using Table I. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each FTB child, and each regular care child, of the person.

 

Table I—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance per year

Column 4

Basic allowance per fortnight

Column 5

Additional allowance per year

Column 6

Additional allowance per fortnight

1.

Not member of couple

$473.20

$18.20

$189.80

$7.30

2.

Partnered

$405.60

$15.60

$189.80

$7.30

3.

Member of illness separated couple

$473.20

$18.20

$189.80

$7.30

4.

Member of respite care couple

$473.20

$18.20

$189.80

$7.30

5.

Partnered (partner in gaol)

$473.20

$18.20

$189.80

$7.30

Note: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Special rule where partner has an FTB or regular care child but is not receiving a pension

 1066AI4 If:

 (a) a person who is a member of a couple is qualified for an amount by way of additional allowance; and

 (b) the person’s partner is not receiving a pension or benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1066AI5 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1066AI6 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

 (1) The rate of disability support pension of a person who has not turned 21 and is permanently blind is to be calculated in accordance with the Rate Calculator at the end of this section.

Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.

 (1A) Subsection (1) does not apply if the person has one or more dependent children.

Note 1: The rate for a disability support pension payable to a person under 21 who has one or more dependent children is dealt with in section 1065.

Note 2: For dependent child see section 5.

 (2) A person’s disability support pension rate is not to exceed the rate at which a disability support pension would be payable to that person if the person’s rate were calculated using Pension Rate Calculator B at the end of section 1065.

 (4) Where:

 (a) a person who is permanently blind has a relationship with another person, whether of the same sex or a different sex (other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));

 (c) that other person is under the age of consent applicable in the State or Territory in which the person is living;

the rate of disability support pension payable to the person who is permanently blind is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner.

Method of calculating rate

 1066BA1 The rate of pension is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).

Method statement

Step 1. Work out what would be the person’s rate of pension if Pension Rate Calculator D applied to the person: the result is called the notional income/assets tested rate.

Step 2. Work out the person’s maximum basic rate using MODULE B below.

Step 2A. Work out the energy supplement (if any) using Module BA below.

Step 3. Work out the amount per year for youth disability supplement using MODULE C below.

Step 4. Work out the amount per year (if any) of pharmaceutical allowance using MODULE D below.

Step 5. Add up the amounts obtained in Steps 2, 2A, 3 and 4: the result is called the maximum payment rate.

Step 6. Work out the nonincome/assets tested rate by:

 (a) subtracting from the maximum payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module F).

Step 7. Compare the notional income/assets tested rate and the nonincome/assets tested rate: whichever is the greater is the person’s rate of pension.

Note: An amount of remote area allowance is to be added under Step 6 only if the person’s rate of pension after Step 5 is greater than nil.

Maximum basic rate

 1066BB1 A person’s maximum basic rate is to be worked out using Table B. Work out the family situation. The maximum basic rate is the corresponding amount in column 3 of the Table.

 

Table B—Maximum basic rates

Column 1
Item

Column 2
Person’s family situation

Column 3
Rate per year

Column 4
Rate per fortnight

1

Not a member of a couple and person:

(a) is under 18 years of age; and

(b) is not independent; and

(c) is not living away from the person’s parental home because of a medical condition of the person

$9,695.40

$372.90

2

Not a member of a couple and person:

(a) is under 18 years of age; and

(b) either:

(i) is independent; or

(ii) is living away from the person’s parental home because of a medical condition of the person

$15,672.80

$602.80

3

Not a member of a couple and person:

(a) has reached 18 years of age; and

(b) is living at home of parent or parents; and

(c) is not independent

$11,164.40

$429.40

4

Not a member of a couple and person:

(a) has reached 18 years of age; and

(b) either:

(i) is not living at a home of parent or parents; or

(ii) is living at a home of parent or parents, but is independent

$15,672.80

$602.80

5

Partnered

$15,672.80

$602.80

6

Member of illness separated couple, member of respite care couple or partnered (partner in gaol)

$15,672.80

$602.80

Note 1: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: For independent see section 5.

Note 3: For living away from the person’s parental home see subsection 23(4D).

Note 4: The rates in column 3 are adjusted annually in line with CPI changes (see section 1198B).

 1066BBA1 An energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the person.

Note: Section 918 may affect the addition of the energy supplement.

1066BBA2 The person’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Person’s family situation for maximum basic rate

Amount of energy supplement

1

If the person’s maximum basic rate is worked out under item 1 of the table in point 1066BB1

$153.40

2

If the person’s maximum basic rate is worked out under item 2, 4, 5 or 6 of the table in point 1066BB1

$236.60

3

If the person’s maximum basic rate is worked out under item 3 of the table in point 1066BB1

$171.60

Youth disability supplement

 1066BC1 An amount by way of youth disability supplement is to be added to a person’s rate. The rate of youth disability supplement is $1,557.40 per year ($59.90 per fortnight).

Note: The rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).

Qualification for pharmaceutical allowance

 1066BD1 Subject to points 1066BD2, 1066BD3, 1066BD4 and 1066BD6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if the person is an Australian resident.

No pharmaceutical allowance if person receiving certain supplements under other Acts

 1066BD2 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving:

 (a) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019.

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1066BD3 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

No pharmaceutical allowance before advance payment period ends

 1066BD4 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and

 (b) the person’s advance payment period has not ended.

Note: For advance payment period see point 1066BD5.

Advance payment period

 1066BD5 A person’s advance payment period:

 (a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and

 (b) ends after the number of paydays worked out using the following formula have passed:

Start formula start fraction amount of advance times 26 over pharmaceutical allowance rate end fraction end formula

where:

amount of advance is the amount of the advance paid to the person.

pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

 1066BD6 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance during the current calendar year; and

 (b) the total amount paid to the person for that year by way of:

 (i) pharmaceutical allowance; and

 (ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).

Note 2: The annual limit is affected by:

Amount of pharmaceutical allowance

 1066BD8 The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

 

Pharmaceutical allowance amount table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per year

Column 4

Amount per fortnight

1.

Not member of couple

$135.20

$5.20

2.

Partnered

$67.60

$2.60

3.

Member of illness separated couple

$135.20

$5.20

4.

Member of respite care couple

$135.20

$5.20

5.

Partnered (partner getting service pension)

$67.60

$2.60

6.

Partnered (partner in gaol)

$135.20

$5.20

Note 1: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in column 3 are adjusted annually in line with CPI increases (see section 1206A).

Remote area allowance

 1066BF1 An amount by way of remote area allowance is to be added to a person’s rate of pension if:

 (aa) either:

 (i) the person’s rate of pension apart from this point is greater than nil; or

 (ii) apart from this point, the person’s rate of pension would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act; and

 (a) the person’s usual place of residence is situated in the remote area; and

 (b) the person is physically present in the remote area.

Note: For remote area and physically present in the remote area see section 14.

Rate of remote area allowance

 1066BF2 The rate of remote area allowance payable to a person is worked out using Table F. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each FTB child, and each regular care child, of the person.

 

Table F—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance per year

Column 4

Basic allowance per fortnight

Column 5

Additional allowance per year

Column 6

Additional allowance per fortnight

1.

Not member of couple

$473.20

$18.20

$189.80

$7.30

2.

Partnered

$405.60

$15.60

$189.80

$7.30

3.

Member of illness separated couple

$473.20

$18.20

$189.80

$7.30

4.

Member of respite care couple

$473.20

$18.20

$189.80

$7.30

5.

Partnered (partner in gaol)

$473.20

$18.20

$189.80

$7.30

Note: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Special rule where partner has an FTB or regular care child but is not receiving a pension

 1066BF4 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner is not receiving a pension or benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1066BF5 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1066BF6 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

General definitions

 (1) In this Part:

accommodated independent person has the meaning given by section 1067B.

independent has the meaning given by section 1067A.

Note: This definition also applies in Parts 2.11, 2.11B, 3.4A, 3.4B and 3.7.

in State care has the meaning given by subsection 1067A(8).

in supported State care, in relation to a person, means being a person in State care in respect of whom both of the following apply:

 (a) the person qualifies for payments under a law of, or a nonstatutory scheme administered by, a State or Territory for the making of any payments by, or by the authority of, the State or Territory to or in respect of the person for his or her upkeep;

 (b) such payments are being made.

in unsupported State care, in relation to a person, means being a person in State care in respect of whom either of the following applies:

 (a) the person does not qualify for payments under a law of, or a nonstatutory scheme administered by, a State or Territory for the making of any payments by, or by the authority of, the State or Territory to or in respect of the person for his or her upkeep;

 (b) the person qualifies, but such payments are not being made.

living at home has the meaning given by section 1067E.

long term income support student has the meaning given by section 1067F.

member of a YA couple, in sections 1067A and 1067B, has the meaning given by section 1067C.

premises or lodgings means accommodation of any kind for which rent (within the meaning of subsection 13(2)) is payable.

required to live away from home has the meaning given by section 1067D.

Application

 (1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part and Parts 2.11, 2.11B, 3.4A, 3.4B and 3.7. A person is not to be regarded as independent except as provided by this section.

Member of a YA couple

 (2) A person is independent if the person is, or has been, a member of a YA couple (see section 1067C).

Person with a dependent child

 (3) A person is independent if:

 (a) the person has a natural child, adoptive child or relationship child who is wholly or substantially dependent on the person or his or her partner; or

 (b) the person previously had a natural child, adoptive child or relationship child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner.

Person at least a certain age

 (4) For the purposes of Parts 2.11 and 2.11B, this Part and section 1070G, a person is independent at a time in a period specified in an item of the table if at the time the person is at least the age specified in the item:

 

Age when person becomes independent

Item

Period

Age

1

The period starting at the start of 1 April 2010 and ending at the end of 31 December 2010

24 years

2

The year 2011

23 years

3

A year after 2011

22 years

 (4A) For the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G, a person is independent if the person is at least 25 years old.

Orphan

 (5) A person is independent if both of the person’s parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.

If parents cannot exercise responsibilities

 (6) A person is independent if both of the person’s parents are (or, if the person has only one parent, that parent is):

 (a) serving a prison sentence; or

 (b) mentally incapacitated and likely to remain so incapacitated for an indefinite period; or

 (c) living in a nursing home and likely to remain there for an indefinite period; or

 (d) missing;

whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.

Refugee

 (7) A person is independent if the person:

 (a) is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or

 (b) while the holder of such a permit, was granted Australian citizenship.

However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a longterm basis.

Person in State care

 (8) A person is independent if the person is not living with a parent, and:

 (a) the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or

 (b) there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent; or

 (c) the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.

A person to whom this subsection applies is taken, for the purposes of this Part to be in State care.

Unreasonable to live at home

 (9) A person is independent if:

 (a) the person cannot live at the home of either or both of his or her parents:

 (i) because of extreme family breakdown or other similar exceptional circumstances; or

 (ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental wellbeing due to violence, sexual abuse or other similar unreasonable circumstances; or

 (iii) because the parent or parents are unable to provide the person with a suitable home owing to a lack of stable accommodation; and

 (b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a longterm basis; and

 (c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.

People who are selfsupporting

 (10) A person is independent if the person has supported himself or herself through paid work consisting of:

 (a) fulltime employment of on average 30 hours per week for at least 18 months during any period of 2 years; or

 (b) parttime employment of at least 15 hours per week for at least 2 years since the person last left secondary school; or

 (c) for the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G—a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:

 (i) the maximum rate of pay under Wage Level A of a transitional Australian Pay and Classification Scale or modern award generally applicable to trainees; or

 (ii) that maximum rate as varied or replaced from time to time by the Fair Work Commission;

  that applied at the start of the period of employment; or

 (d) for the purposes of Parts 2.11 and 2.11B, this Part and section 1070G—a period or periods of employment over a 14 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:

 (i) the maximum rate of pay under Wage Level A of a transitional Australian Pay and Classification Scale or modern award generally applicable to trainees; or

 (ii) that maximum rate as varied or replaced from time to time by the Fair Work Commission;

  that applied at the start of the period of employment.

 (10A) For the purposes of determining whether a person is to be regarded as independent for the purposes of Part 2.11 or 2.11B, this Part or section 1070G:

 (a) paragraph (10)(b) does not apply unless subsection (10E) applies to the person because of paragraph (10E)(d); and

 (b) paragraph (10)(d) does not apply unless subsection (10E) applies to the person because of paragraph (10E)(e).

 (10E) This subsection applies to a person if:

 (a) the person’s family home is:

 (i) in a location categorised under the Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia; or

 (ii) on Norfolk Island; and

 (b) the person is required to live away from home (see section 1067D); and

 (c) the person is undertaking fulltime study (see section 541B); and

 (d) in relation to paragraph (10)(b)—the person’s combined parental income (as defined in point 1067GF10) for:

 (i) the last tax year that ended before the start of the 2 years referred to in that paragraph; or

 (ii) the appropriate tax year worked out under Submodule 3 of Module F of the Youth Allowance Rate Calculator in section 1067G;

  is less than the threshold amount (see subsection (10K)) for the person for that tax year; and

 (e) in relation to paragraph (10)(d)—the person’s combined parental income (as defined in point 1067GF10) for:

 (i) the last tax year that ended before the start of the 14month period referred to in that paragraph; or

 (ii) the appropriate tax year worked out under Submodule 3 of Module F of the Youth Allowance Rate Calculator in section 1067G;

  is less than the threshold amount (see subsection (10K)) for the person for that tax year.

 (10F) For the purposes of paragraph (10E)(a), Remoteness Structure means the Remoteness Structure described in:

 (a) the document titled “Australian Statistical Geography Standard (ASGS): Volume 5 Remoteness Structure, July 2011”, published by the Australian Statistician and as amended from time to time; or

 (b) any replacement document that is published by the Australian Statistician and that is in effect in accordance with subsection (10G); or

 (c) any document that is determined by the Secretary in an instrument under subsection (10H) and that is in effect in accordance with subsection (10J).

 (10G) If a replacement document mentioned in paragraph (10F)(b) is published by the Australian Statistician:

 (a) the replacement document takes effect on the first 1 January or 1 July to occur after the day of that publication and then has effect as amended from time to time; and

 (b) the document in effect immediately before that publication is taken to continue to have effect until the end of the day before that 1 January or 1 July.

 (10H) The Secretary may, by notifiable instrument, determine a document for the purposes of paragraph (10F)(c). The Secretary may do so only if the Australian Statistician has notified the Secretary that the Australian Statistician will no longer be publishing replacement documents mentioned in paragraph (10F)(b).

 (10J) A document determined in an instrument under subsection (10H) takes effect on the day specified in the determination and then has effect as amended from time to time.

 (10K) For the purposes of paragraphs (10E)(d) and (e) and (14)(d), the threshold amount for the person (the primary person) for a tax year is the sum of the following:

 (a) $160,000;

 (b) $10,000 for each person who is a related person (see subsection (10L)) of the primary person on:

 (i) subject to subparagraph (ii)—30 June of that tax year; or

 (ii) if that tax year is the tax year following the base tax year because of point 1067GF7 or 1067GF8—the day the request was made.

 (10L) For the purposes of paragraph (10K)(b), a person (the first person) is a related person of the primary person on a day if on that day:

 (a) the first person is aged under 22; and

 (b) a parent of the first person is also a parent of the primary person; and

 (c) none of the following applies to the first person:

 (i) the first person is living away from the home of each parent covered by paragraph (b) and the first person is a member of a YA couple under subsection 1067C(1);

 (ii) the first person is living away from the home of each parent covered by paragraph (b) and the first person has a natural child, adoptive child or relationship child who is wholly or substantially dependent on the first person or the first person’s partner (if any);

 (iii) the first person is receiving youth allowance or disability support pension and the first person is independent under subsection (9);

 (iv) the first person is in State care.

Note: For parent, see paragraph (b) of the definition of parent in subsection 5(1).

 (10M) For the purposes of the application of paragraph (10)(a), (b) or (d) in relation to a person:

 (a) if, for a week that falls wholly in the 2year period referred to in paragraph (10)(a) and wholly in the COVID19 concession period, the person was not in paid work consisting of fulltime employment of at least 30 hours—the person is taken, for that week, to have been in paid work consisting of fulltime employment of 30 hours; and

 (b) if, for a week that falls wholly in the 2year period referred to in paragraph (10)(b) and wholly in the COVID19 concession period, the person was not in paid work consisting of parttime employment of at least 15 hours—the person is taken, for that week, to have been in paid work consisting of parttime employment of 15 hours; and

 (c) if, for a week that falls wholly in the 14month period referred to in paragraph (10)(d) and wholly in the COVID19 concession period, the person was not in paid work consisting of employment that earnt the person at least the equivalent of 75% of the maximum rate applicable under that paragraph on 25 March 2020—the person is taken, for that week, to have been in paid work consisting of employment that earnt the person 75% of that maximum rate.

 (10N) For the purposes of subsection (10M), the COVID19 concession period is the period:

 (a) beginning on 25 March 2020; and

 (b) ending at the end of 24 September 2020.

People who are disadvantaged

 (11) A person is independent if the person:

 (a) is at least 18 years old; and

 (b) has had fulltime employment of at least 30 hours per week for a period of at least 12 months, or for periods that total at least 12 months; and

 (c) does not live at the home of either or both of his or her parents; and

 (d) in the Secretary’s opinion, is specially disadvantaged with respect to education or employment; and

 (e) is not receiving financial support, whether directly or indirectly, from a parent of the person or from another person who is acting as the person’s guardian on a longterm basis.

Note: For parent see section 5 (paragraph (a) of that definition).

People with a partial capacity to work

 (12) For the purposes of this Part and Parts 2.11, 2.11B and 3.7 (except sections 1070F and 1070N), a person is independent if the person:

 (a) has turned 16; and

 (b) has a partial capacity to work; and

 (c) is not undertaking fulltime study and is not a new apprentice.

Note 1: For partial capacity to work see section 16B.

Note 2: For undertaking fulltime study see section 541B.

Note 3: For new apprentice see subsection 23(1).

Parents of relationship children

 (13) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).

Agricultural work

 (14) A person is independent if:

 (a) subparagraph 540(1)(a)(i) (about full time study) applies in relation to the person; and

 (b) the person undertook qualifying agricultural work between 30 November 2020 and 31 December 2021; and

 (c) the gross earnings of the person for that work are at least $15,000; and

 (d) the person’s combined parental income (as defined in point 1067GF10) for the 20192020 tax year or 20182019 tax year is less than the threshold amount (see subsection (10K)) for the person for that tax year.

 (15) For the purposes of this section, qualifying agricultural work is work of a kind determined in an instrument under subsection (16).

 (16) The Secretary of the Department administered by the Minister administering the Social Security (International Agreements) Act 1999 may, by legislative instrument, determine kinds of work for the purposes of subsection (15).

 (1) A person is taken to be an accommodated independent person for the purposes of Part 2.11B and this Part if, and only if, the person:

 (a) is independent; and

 (b) lives at the home of either or both of his or her parents; and

 (c) is not, and has never been, a member of a YA couple (see section 1067C); and

 (d) does not have a natural child, adoptive child or relationship child who is wholly or substantially dependent on the person or his or her partner; and

 (e) has never had a natural child, adoptive child or relationship child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner; and

 (f) is not a person who:

 (i) qualified for the independent living allowance under the AUSTUDY scheme, as in force immediately before the commencement of Schedule 11 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, only under AUSTUDY Regulation 68, as in force at that time; and

 (ii) had not, at that time, turned 25.

Note: For parent see section 5 (paragraph (a) of that definition).

 (2) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

Current member of a YA couple

 (1) Subject to this section, a person is a member of a YA couple for the purposes of sections 1067A and 1067B if:

 (a) the person is legally married to another person and is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or

 (aa) both of the following conditions are met:

 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (ii) the person is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or

 (b) all of the following conditions are met:

 (i) the person has a relationship with another person, whether of the same sex or a different sex (partner);

 (ii) the person is not legally married to the partner;

 (iii) the relationship has existed for a continuous period of at least 12 months;

 (iv) in the Secretary’s opinion (formed as mentioned in subsections (3) and (4)), the relationship is, and has for a continuous period of at least 12 months been, a de facto relationship;

 (v) if, at the time the relationship became a de facto relationship, the person and the partner were living in Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they lived at that time;

 (vi) if, at the time the relationship became a de facto relationship, the person and the partner were living outside Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they first lived after that time;

 (vii) the person and the partner are not within a prohibited relationship.

Former member of a YA couple

 (2) Subject to this section, a person has been a member of a YA couple for the purposes of sections 1067A and 1067B if:

 (a) the person has been legally married to another person (whether or not they are still legally married) and was not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person, on a permanent or indefinite basis, at all times while so married; or

 (aa) both of the following conditions are met:

 (i) a relationship between the person and another person (whether of the same sex or a different sex) was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section (whether or not the relationship is still registered);

 (ii) the person was not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis at all times while the relationship was registered; or

 (b) all of the following conditions are met:

 (i) the person had a relationship with another person, whether of the same sex or a different sex (partner);

 (ii) the person was not legally married to the partner;

 (iii) the relationship existed for a continuous period of at least 12 months;

 (iv) in the Secretary’s opinion (formed as mentioned in subsections (3) and (4)), the relationship between the person and the partner was, and had for a continuous period of at least 12 months or, in special circumstances determined by the Secretary, at least 6 months been, a de facto relationship;

 (v) if, at the time the relationship became a de facto relationship, the person and the partner were living in Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they lived at that time;

 (vi) if, at the time the relationship became a de facto relationship, the person and the partner were living outside Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they first lived after that time;

 (vii) the person and the partner were not within a prohibited relationship.

Criteria for forming opinion about relationship

 (3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (1)(a), subparagraph (1)(aa)(ii), subparagraph (1)(b)(iv), paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iv), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the matters referred to in subsection 4(3).

People living separately and apart

 (4) The Secretary must not form the opinion that the relationship between a person and his or her partner is, or was, a de facto relationship if the person is, or was at the time in question, living separately and apart from the partner on a permanent or indefinite basis.

Moving to a State or Territory with a higher age of consent

 (5) For the purposes of calculating the period of 2 years referred to in subparagraphs (1)(b)(iii) and (iv) and (2)(b)(iii) and (iv), any period during which the couple in question lived in a State or Territory in which one or both of them was under the age of consent is to be disregarded.

When a person is taken to be required to live away from home

 (1) A person is taken to be required to live away from home for the purposes of Part 2.11B and this Part if, and only if:

 (a) the person is not independent; and

 (b) the person does not live at the home of either or both his or her parents; and

 (c) the Secretary determines that:

 (i) the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or

 (ii) the likelihood of the person’s getting employment will be significantly increased if the person lives away from home; or

 (iii) the person needs to live away from home because the person is a new apprentice.

Note: For parent see section 5 (paragraph (a) of that definition).

Matters to which Secretary is to have regard

 (3) In making a determination under subparagraph (1)(c)(ii), the Secretary is to have regard to:

 (a) the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and

 (b) matters relating to the person that would affect the likelihood of the person’s getting employment in those areas.

Parents of relationship children

 (4) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

  If a person:

 (a) is not independent; and

 (b) is not taken by section 1067D to be required to live away from home;

the person is taken for the purposes of this Part to be living at home.

 (1) A person is a long term income support student if the person:

 (a) is at least 22 years old; and

 (ba) does not have a dependent child; and

 (c) is either:

 (i) undertaking fulltime study in respect of a course of education that the person had commenced after turning 22; or

 (ii) a new apprentice and became a new apprentice after turning 22; and

 (d) has, for at least 26 weeks out of the period of 39 weeks that ended when the person commenced to undertake the fulltime study or became a new apprentice, been receiving one or more of the following:

 (i) jobseeker payment;

 (iii) youth allowance (disregarding youth allowance received while the person was undertaking fulltime study);

 (iv) special benefit;

 (v) disability support pension;

 (vii) carer payment;

 (x) pension PP (single);

 (xi) sole parent pension;

 (xii) benefit parenting allowance;

 (xiii) benefit PP (partnered).

 (2) A person is also a long term income support student if the person:

 (a) is at least 22 years old; and

 (c) does not have English as a first language; and

 (d) is undertaking a course in English, being a course that the Secretary has approved.

Youth allowance rate calculator

 (1) The rate of youth allowance of a person referred to in section 556 is to be calculated in accordance with the Rate Calculator in this section.

Limit on rate of allowance

 (2) If:

 (a) a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person (whether the persons are the same sex or different sexes); and

 (c) either or both of them are under the age of consent that applies in the State or Territory in which they are living;

the rate of the person’s youth allowance is not to be more than the rate at which the allowance would be payable to the person if the other person were the person’s partner.

Method of calculating rate

 1067GA1 The rate of allowance is a daily rate. That rate is worked out by dividing the fortnightly rate calculated according to this Rate Calculator by 14.

Method statement

Step 1. Work out the person’s maximum basic rate using Module B below.

Step 1A. Work out the energy supplement (if any) using Module BA below.

Step 2. Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.

Step 2A. Work out the amount per fortnight (if any) for youth disability supplement using Module D below.

Step 3. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).

Step 4. Add up the amounts obtained in Steps 1 to 3: the result is the maximum payment rate.

Step 8. If the person is not independent, work out the person’s reduction for parental income using Module E.

Step 12. Apply the income test using Module H below to work out the person’s income reduction.

Step 13. Take away from the maximum payment rate the greatest of the following that apply:

 (a) the person’s reduction for parental income;

 (c) the person’s income reduction.

 (If a reduction described in paragraph (a) applies, and is not less than any other reduction that applies, take away from the maximum payment rate the firstmentioned reduction.) The result is the provisional fortnightly payment rate. If that rate is nil because of the taking away of a reduction described in paragraph (a) then youth allowance is not payable to the person.

 Note: If a person’s maximum payment rate is reduced under this step, section 1210 sets the order in which the components of that rate are to be reduced.

Step 14. The rate of allowance is the amount obtained by:

 (a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module K).

Maximum basic rate

 1067GB1 The maximum basic rate of a person is to be worked out as follows:

 (a) if the person is not independent (see section 1067A) and is not a long term income support student (see section 1067F)—use Table BA;

 (b) if the person is independent and is not a long term income support student—use Table BB or point 1067GB3A;

 (c) if the person is a long term income support student—use Table BC.

Person who is not independent

 1067GB2 If the person is not independent (see section 1067A) and is not a long term income support student (see section 1067F), work out whether the person:

 (a) lives at home (see section 1067E); or

 (b) is required to live away from home (see section 1067D).

The person’s maximum basic rate is the amount in column 3 of the table that corresponds to the person’s situation as described in column 2 of the table.

 

Table BA—Maximum basic rates (people who are not independent)

Column 1

Item

Column 2

Person’s situation

Column 3

Rate

1

Lives at home and not yet 18 years old

$372.90

2

Lives at home and at least 18 years old

$429.40

3

Required to live away from home

$602.80

Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191–1194).

Person who is independent

 1067GB3 If the person is independent (see section 1067A) and is not a long term income support student (see section 1067F), work out:

 (a) whether the person is an accommodated independent person (see section 1067B); and

 (b) if the person is not an accommodated independent person, whether the person:

 (i) is in supported State care (see section 1067); or

 (ii) is in unsupported State care (see section 1067); or

 (iii) is a member of a couple (see section 4); or

 (iv) has a dependent child (see subsections 5(2) to (9)).

The person’s maximum basic rate is the amount in column 3 of the table that corresponds to the person’s situation as described in column 2 of the table.

 

Table BB—Maximum basic rates (people who are independent)

Column 1

Item

Column 2

Person’s situation

Column 3

Rate

1

Accommodated independent person and not yet 18 years old

$372.90

2

Accommodated independent person and at least 18 years old

$429.40

3

In supported State care and not yet 18 years old

$372.90

4

In supported State care and at least 18 years old

$429.40

5

In unsupported State care

$602.80

6

Not a member of a couple and has a dependent child

$760.40

7

Member of a couple and has a dependent child

$652.60

8

Not an accommodated independent person, not in supported State care, not in unsupported State care and does not have a dependent child

$602.80

Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191–1194).

Certain children treated as dependent children if in recipient’s care for at least minimum period

 1067GB3AA For the purposes of point 1067GB3, the maximum basic rate for a person receiving youth allowance is worked out as if the person had a dependent child if:

 (a) the person is not undertaking fulltime study and is not a new apprentice; and

 (b) either:

 (i) the person is legally responsible (whether alone or jointly with another person) for the daytoday care, welfare and development of a child under 16; or

 (ii) under a family law order, registered parenting plan or parenting plan that is in force, a child under 16 is supposed to live or spend time with the person; and

 (c) the child is in the person’s care for at least 14% of:

 (i) the instalment period in relation to which the maximum basic rate is being worked out; or

 (ii) if the Secretary, under point 1067GB3AB, determines another period for the person for the purposes of this subparagraph—that other period; and

 (d) none of subsections 5(3), (6) and (7) prevents the child from being a dependent child of the person.

Note 1: For undertaking fulltime study see section 541B.

Note 2: For new apprentice, family law order, registered parenting plan and parenting plan see subsection 23(1).

 1067GB3AB The Secretary may, in writing, determine a period of either 14 days or 28 days for the purposes of subparagraph 1067GB3AA(c)(ii). In making the determination, the Secretary must have regard to the guidelines (if any) determined under point 1067GB3AD.

 1067GB3AC A determination made under point 1067GB3AB is not a legislative instrument.

 1067GB3AD The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under point 1067GB3AB.

 1067GB3A Despite point 1067GB3, if a person:

 (a) is independent (see section 1067A) and is not a long term income support student (see section 1067F); and

 (b) is not a member of a couple; and

 (c) either:

 (i) has an exemption under section 542FA because of a determination in relation to the person under subsection 542FA(3) or (3A); or

 (ii) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under subsection 40P(2) of the Administration Act because of paragraph 40P(2)(a) or (b) of that Act;

the person’s maximum basic rate is the amount worked out as follows:

Start formula start fraction Pension PP (Single) maximum basic amount over 26 end fraction end formula

where:

pension PP (Single) maximum basic amount is the sum of:

 (a) the amount that would have been the person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment; and

 (b) the amount that would have been the person’s pension supplement under Module BA of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment.

Note: A person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).

Long term income support student

 1067GB4 If the person is a long term income support student (see section 1067F), work out:

 (a) whether the person is independent (see section 1067A); and

 (b) if the person is not independent, whether the person:

 (i) lives at home (see section 1067E); or

 (ii) is required to live away from home (see section 1067D); and

 (c) if the person is independent, whether the person is an accommodated independent person (see section 1067B); and

 (d) whether the person is a member of a couple (see section 4).

The person’s maximum basic rate is the amount in column 3 of the table that corresponds to the person’s situation as described in column 2 of the table.

 

Table BC—Maximum basic rates (long term income support students)

Column 1

Item

Column 2

Person’s situation

Column 3

Rate

1

Not independent, lives at home and not a member of a couple

$505.20

2

Not independent, required to live away from home and not a member of a couple

$711.90

3

Accommodated independent person and not a member of a couple

$505.20

4

Independent, not an accommodated independent person and not a member of a couple

$711.90

5

Member of a couple

$652.60

Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191 to 1194).

 1067GBA1 An energy supplement is to be added to the person’s (the recipient’s) maximum basic rate if the recipient is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the recipient.

Note: Section 918 may affect the addition of the energy supplement.

General case—recipient not covered by point 1067GB3A and youth disability supplement not added

 1067GBA2 The recipient’s energy supplement is the amount worked out using the following table if:

 (a) the recipient is not covered by point 1067GB3A; and

 (b) an amount of youth disability supplement is not added under Module D to the recipient’s rate.

 

Energy supplement

Item

Recipient’s family situation for maximum basic rate

Amount of energy supplement

1

If the recipient’s maximum basic rate is worked out under item 1 of the table in point 1067GB2

$3.90

2

If the recipient’s maximum basic rate is worked out under item 2 of the table in point 1067GB2

$4.60

3

If the recipient’s maximum basic rate is worked out under item 3 of the table in point 1067GB2

$7.00

4

If the recipient’s maximum basic rate is worked out under item 1 or 3 of the table in point 1067GB3

$3.90

5

If the recipient’s maximum basic rate is worked out under item 2 or 4 of the table in point 1067GB3

$4.60

6

If the recipient’s maximum basic rate is worked out under item 5 of the table in point 1067GB3

$7.00

7

If the recipient’s maximum basic rate is worked out under item 6 of the table in point 1067GB3

$9.20

8

If the recipient’s maximum basic rate is worked out under item 7 of the table in point 1067GB3

$7.70

9

If the recipient’s maximum basic rate is worked out under item 8 of the table in point 1067GB3

$7.00

10

If the recipient’s maximum basic rate is worked out under item 1 or 3 of the table in point 1067GB4

$5.70

11

If the recipient’s maximum basic rate is worked out under item 2 or 4 of the table in point 1067GB4

$8.60

12

If the recipient’s maximum basic rate is worked out under item 5 of the table in point 1067GB4

$7.70

Recipient covered by point 1067GB3A

 1067GBA3 If the recipient is covered by point 1067GB3A, the recipient’s energy supplement is $12.00.

Youth disability supplement added to the recipient’s rate

 1067GBA4 If an amount of youth disability supplement is added under Module D to the recipient’s rate, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation for maximum basic rate

Amount of energy supplement

1

If the recipient’s maximum basic rate is worked out under item 1 of the table in point 1067GB2

$5.90

2

If the recipient’s maximum basic rate is worked out under item 2 of the table in point 1067GB2

$6.60

3

If the recipient’s maximum basic rate is worked out under item 3 of the table in point 1067GB2

$8.50

4

If the recipient’s maximum basic rate is worked out under item 1 or 3 of the table in point 1067GB3

$5.90

5

If the recipient’s maximum basic rate is worked out under item 2 or 4 of the table in point 1067GB3

$6.60

6

If the recipient is a member of a couple and the recipient’s maximum basic rate is worked out under item 5 or 8 of the table in point 1067GB3

$7.70

6A

If the recipient is not a member of a couple and the recipient’s maximum basic rate is worked out under item 5 or 8 of the table in point 1067GB3

$8.50

7

If the recipient’s maximum basic rate is worked out under item 6 of the table in point 1067GB3

$9.20

8

If the recipient’s maximum basic rate is worked out under item 7 of the table in point 1067GB3

$7.70

Qualification for pharmaceutical allowance

 1067GC1 Subject to points 1067GC2 and 1067GC2A, an amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if the person:

 (a) has a partial capacity to work; or

 (b) is the principal carer of at least one child and is not a member of a couple; or

 (c) either:

 (i) has a temporary incapacity exemption under section 542A; or

 (ii) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act.

Note 1: For partial capacity to work see section 16B.

Note 2: For principal carer see subsections 5(15) to (24).

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1067GC2 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

No pharmaceutical allowance for fulltime students and new apprentices without temporary incapacity exemptions

 1067GC2A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person:

 (a) does not have a temporary incapacity exemption under section 542A; and

 (b) is undertaking fulltime study or is a new apprentice.

Note 1: For undertaking fulltime study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Amount of pharmaceutical allowance

 1067GC3 The amount of pharmaceutical allowance is the amount a fortnight worked out using the following table:

 

Table C—Pharmaceutical allowance amounts

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount a fortnight

1

Not a member of a couple

$5.40

2

Partnered

$2.70

3

Member of an illness separated couple

$5.40

4

Member of a respite care couple

$5.40

5

Partnered (partner getting service pension)

$2.70

6

Partnered (partner in gaol)

$5.40

Note 1: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases on 1 January (see sections 1191 to 1194 and 1206A).

Youth disability supplement

 1067GD1 If a person:

 (a) has a partial capacity to work; and

 (b) has not turned 22;

an amount by way of youth disability supplement is to be added to a person’s rate. The rate of youth disability supplement is $92.40 per fortnight.

Note 1: For partial capacity to work see section 16B.

Note 2: The rate of youth disability supplement is adjusted annually in line with CPI increases (see section 1198C).

 1067GD2 If:

 (a) an amount by way of youth disability supplement is to be added to a person’s rate of youth allowance under point 1067GD1; and

 (b) the sum of:

 (i) the person’s maximum basic rate of youth allowance; and

 (ii) the amount of youth disability supplement;

  would exceed the maximum basic rate of jobseeker payment for a person with a partial capacity to work;

the rate of youth disability supplement is to be reduced (but not below zero) by the amount of the excess.

Note: For partial capacity to work, see section 16B.

Person’s reduction for parental income

 1067GE1 This is how to work out the person’s reduction for parental income for the purposes of the method statement in point 1067GA1.

Method statement

Step 1. Work out the MIT reducible amount by subtracting the base FTB child rate in point 1067GE2 from the maximum FTB child rate in point 1067GE3 and then multiplying the result by:

 Start formula start fraction 14 over 365 end fraction end formula

Step 2. Apply the parental income test in Module F to work out the parental income test result for the person.

Step 3. If the parental income test result is equal to or more than the MIT reducible amount, the person’s reduction for parental income is the parental income test result.

Step 4. If the parental income test result is less than the person’s MIT reducible amount, apply the maintenance income test in Module GA to work out the maintenance income test result for the person.

Step 5. Add the parental income test result to the maintenance income test result to get the person’s notional reduction.

Step 6. If the notional reduction is less than or equal to the MIT reducible amount, the person’s reduction for parental income is the notional reduction.

Step 7. If the notional reduction is more than the MIT reducible amount, the person’s reduction for parental income is the MIT reducible amount.

Base FTB child rate

 1067GE2 The base FTB child rate is the amount that would be the base FTB child rate within the meaning of the Family Assistance Act, if the person were an FTB child of a parent of the person.

Maximum FTB child rate

 1067GE3 The maximum FTB child rate is the amount specified for item 2 in column 2 of the table in clause 7 of Schedule 1 to the Family Assistance Act.

Note: The amount is indexed under Schedule 4 of the Family Assistance Act.

Parental income test result

 1067GF1 This is how to work out the parental income test result for a person for the purposes of the method statement in point 1067GE1.

Method statement

Step 1. Work out whether the person is exempt from the parental income test using Submodule 2. If the person is exempt, go to step 5.

Step 2. If the person is not exempt, identify the appropriate tax year using Submodule 3.

Step 3. Work out the person’s combined parental income for the appropriate tax year using Submodule 4.

Step 4. Work out the person’s parental income free area using Submodule 5.

Step 5. If:

 (a) the person’s combined parental income does not exceed the person’s parental income free area; or

 (b) the person is exempt from the parental income test;

 then the parental income test result for the person is nil.

Step 6. If the person’s combined parental income exceeds the person’s parental income free area, then the parental income test result for the person is the amount worked out using Submodule 6.

Parent receiving Commonwealth benefit

 1067GF3 A person is exempt from the parental income test while a parent of the person:

 (a) is receiving a payment of pension, benefit, allowance or compensation referred to in Module L; or

 (c) is receiving a payment under the ABSTUDY Scheme.

Appropriate tax year

 1067GF4 Subject to this Submodule, the appropriate tax year for a youth allowance payment period is the base tax year for that period.

Base tax year

 1067GF5 The base tax year for a youth allowance payment period is the tax year that ended on 30 June in the calendar year that came immediately before the calendar year in which the period ends.

Example: A youth allowance payment period ends on 25 January 1999—this day occurs in the calendar year 1 January 1999 to 31 December 1999—the calendar year that came immediately before this one is the calendar year 1 January 1998 to 31 December 1998—the base tax year is the tax year that ended on 30 June 1998 (i.e. the year of income that began on 1 July 1997).

Change to appropriate tax year because of increase in combined parental income

 1067GF6 If a person’s combined parental income under Submodule 4 for the tax year following the base tax year exceeds:

 (a) 125% of the person’s combined parental income under that Submodule for the base tax year; and

 (b) 125% of the person’s parental income free area under Submodule 5;

the appropriate tax year, for the purpose of applying this Module to the person in respect of a youth allowance payment period that ends after 30 September in a year, is the tax year following the base tax year.

Change to appropriate tax year at person’s request

 1067GF7 If:

 (aa) a person’s combined parental income for the tax year following the base tax year is substantially less than it was in the base tax year and is likely to continue to be so for 2 years after the later of:

 (i) 1 January in the tax year following the base tax year; or

 (ii) the day on which the combined parental income is reduced; and

 (a) the person requests the Secretary to make a determination under point 1067GF8; and

 (b) as a result, the Secretary determines under that point that, for the purpose of applying this Module to the person in respect of a youth allowance payment period that ends on or after:

 (i) the day on which the request is made; or

 (ii) 1 January in a year;

  whichever day is later, the appropriate tax year is the tax year following the base tax year;

the appropriate tax year, for that purpose, is the tax year following the base tax year.

Person may ask Secretary to change appropriate tax year

 1067GF8 If:

 (a) youth allowance:

 (i) is not payable to a person because the rate of youth allowance because of this Module is nil; or

 (ii) is payable at a reduced rate because of this Module; and

 (b) the person gives the Secretary an estimate of the person’s combined parental income under Submodule 4 for the tax year following the base tax year; and

 (c) the person requests the Secretary to make a determination under this point; and

 (d) the person agrees that the person’s rate of youth allowance is to be recalculated if the person’s actual combined parental income for that tax year exceeds the amount that the person estimated;

the Secretary must determine that, for the purpose of applying this Module to the person in respect of a youth allowance payment period that ends on or after:

 (e) the day on which the request is made; or

 (f) 1 January in a year;

whichever day is later, the appropriate tax year is the tax year following the base tax year.

Form of request

 1067GF9 A request under point 1067GF8 must be made in writing in accordance with a form approved by the Secretary.

Combined parental income

 1067GF10 For the purposes of this Module, a person’s combined parental income for a particular tax year is the sum of the following amounts (income components) in respect of each of the person’s parents:

 (a) the parent’s taxable income for that year, disregarding each parent’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for that year;

 (b) the parent’s adjusted fringe benefits total for that year;

 (c) the parent’s target foreign income for that year;

 (d) the parent’s total net investment loss for that year;

 (da) the parent’s tax free pensions or benefits for that year (worked out in accordance with clause 7 of Schedule 3 to the Family Assistance Act);

 (e) the parent’s reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for that year.

Note 2: For taxable income see subsection 23(1).

Note 3: For adjusted fringe benefits total see subpoint 1067GF11(2).

Note 4: For target foreign income see subpoint 1067GF11(3).

Note 5: For total net investment loss, see subsection 10B(2).

Income components for tax year

 1067GF11(1) A parent’s taxable income for a tax year is:

 (a) the parent’s assessed taxable income for that year; or

 (b) if the parent does not have an assessed taxable income for that year—the accepted estimate, in respect of the parent, of taxable income for that year.

1067GF11(2) A parent’s adjusted fringe benefits total for a tax year is the amount worked out using the formula:

Start formula Section 57A employer fringe benefits total plus Other employer fringe benefits total end formula

where:

other employer fringe benefits total is the amount that is the sum of the following:

 (a) each of the parent’s reportable fringe benefits amounts for the tax year under section 135P of the Fringe Benefits Tax Assessment Act 1986;

 (b) each of the parent’s reportable fringe benefits amounts for the tax year under section 135Q of the Fringe Benefits Tax Assessment Act 1986, to the extent that section relates to the parent’s employment by an employer described in section 58 of that Act.

section 57A employer fringe benefits total is the amount that is the sum of each of the parent’s individual quasifringe benefits amounts for the tax year under section 135Q of the Fringe Benefits Tax Assessment Act 1986, to the extent that section relates to the parent’s employment by an employer described in section 57A of that Act.

 1067GF11(3) A parent’s target foreign income for a tax year is the accepted estimate of the amount of the parent’s foreign income (as defined in section 10A) for the tax year that is not:

 (a) taxable income; or

 (b) received in the form of a fringe benefit (as defined in the Fringe Benefits Tax Assessment Act 1986, as it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986) in relation to the parent as employee (as defined in the Fringe Benefits Tax Assessment Act 1986) and a year of tax.

Assessed taxable income

 1067GF12 A parent’s assessed taxable income for a tax year at a particular time is the most recent of:

 (a) if, at that time, the Commissioner of Taxation has made an assessment or an amended assessment of that taxable income—that taxable income according to the assessment or amended assessment; or

 (b) if, at that time, a tribunal has amended an assessment or an amended assessment made by the Commissioner—that taxable income according to the amendment made by the tribunal; or

 (c) if, at that time, a court has amended an assessment or an amended assessment made by the Commissioner or an amended assessment made by a tribunal—that taxable income according to the amendment made by the court.

Accepted estimate

 1067GF13 An accepted estimate of an income component or an amount described in subpoint 1067GF11(3), in respect of a parent, for a tax year is that income component or amount according to the most recent notice given under point 1067GF14 and accepted by the Secretary for the purposes of this Module.

Notice estimating income component

 1067GF14 A notice setting out an estimate of an income component or an amount described in subpoint 1067GF11(3), for a tax year, of a parent of a person claiming or receiving youth allowance may be given to the Secretary by:

 (a) the parent; or

 (b) the person claiming or receiving youth allowance.

However, if the parent gives a notice, any notice given, in respect of the same income component or amount and the same tax year, by the person claiming or receiving youth allowance is taken not to be, or not to have been, given.

Acceptance of notice

 1067GF15 The Secretary is to accept a notice referred to in point 1067GF14 for the purposes of this Module only if the Secretary is satisfied that the estimate is reasonable.

Income reduced by maintenance paid by a parent

 1067GF20 A parent’s combined parental income for a tax year is reduced by an amount equal to any maintenance paid during the tax year by the parent:

 (a) for the upkeep of a child of the parent if the parent does not have care of the child; or

 (b) to a former partner of the parent.

Parental income free area

 1067GF22 For the purposes of this Module, a person’s parental income free area for a time in a calendar year is an amount equal to the income free area under clause 38N of Schedule 1 to the A New Tax System (Family Assistance) Act 1999, as affected by indexation under Schedule 4 to that Act, on 1 January in the calendar year.

Note: The parental income free area is not indexed under this Act because it is affected by indexation under the A New Tax System (Family Assistance) Act 1999.

Having parental income in common

 1067GF26 For the purposes of this Submodule, 2 or more persons have parental income in common if:

 (a) the parental income test applies to each of them; and

 (b) a parent of one of the persons is also a parent of each of the other persons.

Note: See also points 1067GF30 and 1067GF31, which extend the situations in which a person will have parental income in common with other persons.

Person who does not have parental income in common with anyone else

 1067GF27 Work out a person’s parental income test result using the following formula and point 1067GF29 if:

 (a) the person does not have parental income in common with anyone else; and

 (b) the person’s combined parental income (see Submodule 4) for the appropriate tax year exceeds the person’s parental income free area (see Submodule 5):

Start formula start fraction The excess over 130 end fraction end formula

Note: Dividing by 130 is equivalent to dividing by 26 (for 26 fortnights in a year) and dividing again by 5 (so that the parental income test result is only 20 cents for each dollar of the excess).

Person who has parental income in common with someone else

 1067GF28 Work out a person’s parental income test result using the following formula and point 1067GF29 if:

 (a) the person has parental income in common with one or more other persons; and

 (b) the person’s combined parental income (see Submodule 4) for the appropriate tax year exceeds the person’s parental income free area (see Submodule 5):

Start formula start fraction The excess over 130 end fraction times start fraction Person's maximum payment rate under Module A over Total of maximum payment rate of each person who has parental income in common end fraction end formula

Note: Dividing by 130 is equivalent to dividing by 26 (for 26 fortnights in a year) and dividing again by 5.

Rounding the parental income test result

 1067GF29 If the result of the formula in whichever of points 1067GF27 and 1067GF28 applies is not a multiple of 10 cents, round the result to the nearest 10 cents (rounding a multiple of 5 cents upwards).

Extension to recipients under ABSTUDY or Assistance for Isolated Children Scheme

 1067GF30 This Submodule applies in relation to a person in respect of whom a payment is made under the ABSTUDY Scheme or the Assistance for Isolated Children Scheme and to whom a parental income test under that scheme applies as if:

 (a) the parental income test under this Module applied to the person; and

 (b) the total of the amounts described in the following table as relevant to the person were the maximum payment rate for the person for the purposes of this Submodule.

 

Amounts included in total treated as maximum payment rate

Item

If this allowance is being paid in respect of the person

This amount is relevant to the person

1

Living allowance under the ABSTUDY Scheme

The person’s maximum payment rate of the living allowance

2

Group 2 school fees allowance under the ABSTUDY Scheme

1/26 of the school fees allowance amount subject to income testing

3

Additional boarding allowance under the Assistance for Isolated Children Scheme

1/26 of the maximum rate of the additional boarding allowance

Note: This Submodule does not (of its own force) affect the amount payable to the person under the ABSTUDY Scheme or the Assistance for Isolated Children Scheme.

Extension to FTB children and regular care children

 1067GF31 In working out a person’s (the recipient’s) parental income test result for the purposes of this Module:

 (a) an FTB child, or a regular care child, of someone who is a parent of the recipient is taken to be a person (a relevant sibling) who has parental income in common with the recipient; and

 (b) in using the formula in point 1067GF28 for the recipient, the maximum payment rate for relevant siblings is 14/365 of the amount worked out under point 1067GF32.

Note: For FTB child and regular care child, see section 23.

 1067GF32 For the purposes of paragraph 1067GF31(b), the amount worked out under this point is the amount that would, at the time the recipient’s rate of youth allowance is worked out, be the parent’s maximum rate:

 (a) under step 1 of the method statement in clause 3 of Schedule 1 to the Family Assistance Act (having regard only to clauses 7 and 11 for the purposes of paragraph (a) of that step); or

 (b) if the only relevant sibling is a regular care child—under step 1 of the method statement in clause 28A of Schedule 1 to the Family Assistance Act.

 1067GF33 In working out the parent’s maximum rate for the purposes of point 1067GF32:

 (a) assume that the parent has made a claim for payment of family tax benefit by instalment in accordance with the Family Assistance Administration Act; and

 (b) assume that the parent has not made an election under subsection 58A(1) of the Family Assistance Act; and

 (c) make any other assumption that the Minister, by legislative instrument, specifies.

 1067GF34 Work out the amount under point 1067GF32 for one parent only.

 1067GF35 Count the amount worked out under point 1067GF32 once only in using the formula in point 1067GF28 for a recipient, regardless of how many relevant siblings the recipient has.

Maintenance income test result

 1067GGA1 This is how to work out the maintenance income test result for a person for the purposes of the method statement in point 1067GE1.

Method statement

Step 1. Work out whether the person is exempt from the maintenance income test using Submodule 2. If the person is exempt, go to step 5.

Step 2. If the person is not exempt, work out the annualised amount of maintenance income for a parent of the person (the parent’s maintenance income) using Submodule 3.

Step 3. Work out the parent’s maintenance income free area using Submodule 4.

Step 4. Work out whether the parent’s maintenance income exceeds the parent’s maintenance income free area.

Step 5. If:

 (a) the parent’s maintenance income does not exceed the parent’s maintenance income free area; or

 (b) the person is exempt from the maintenance income test;

 then the maintenance income test result for the person is nil.

Step 6. If the parent’s maintenance income exceeds the parent’s maintenance income free area, multiply the excess by 0.5. The result, divided by 26, is the maintenance income test result for the person.

Parent exempt from FTB maintenance income test

 1067GGA2 A person is exempt from the maintenance income test if paragraphs 19B(a) and (b) of Schedule 1 to the Family Assistance Act apply to the person’s parent or to the parent’s partner.

Annualised amount of maintenance income

 1067GGA3 Work out the annualised amount of maintenance income for a parent of the person as if step 1 of the method statement in clause 20 of Schedule 1 to the Family Assistance Act applied. In doing so:

 (a) assume that the person is an FTB child of the parent; and

 (b) assume that paragraphs (a), (b), (c) and (d) are not in the step; and

 (c) only take into account maintenance income received in relation to the person; and

 (d) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act; and

 (e) have regard to maintenance income for the income year in respect of which the person’s rate of youth allowance is being worked out.

Main rule

 1067GGA4 The maintenance income free area for a parent of a person is:

 (a) the column 2 amount (see point 1067GGA7); or

 (b) if another point in this Submodule applies—the amount worked out in the point.

If there are other siblings including an FTB child

 1067GGA5 This point applies if the parent of the person is also the parent of:

 (a) an FTB child in relation to whom the parent receives maintenance income; or

 (b) both:

 (i) an FTB child in relation to whom the parent receives maintenance income; and

 (ii) another person who is receiving youth allowance and in relation to whom the parent receives maintenance income.

The maintenance income free area for the parent is the column 3 amount (see point 1067GGA7).

If there are other siblings but no FTB child

 1067GGA6 This point applies if the parent of the person:

 (a) is also the parent of another person (an other recipient) who is receiving youth allowance and in relation to whom the parent receives maintenance income; and

 (b) is not the parent of an FTB child in relation to whom the parent receives maintenance income.

The maintenance income free area for the parent is worked out using this formula:

Start formula start fraction Column 2 amount plus Column 3 amount for each other recipient over 1 plus Number of other recipients end fraction end formula

Definitions of column 2 amount and column 3 amount

 1067GGA7 In this Submodule:

column 2 amount means the amount specified for item 1 in column 2 of the table in clause 22 of Schedule 1 to the Family Assistance Act.

column 3 amount means the amount specified for item 1 in column 3 of the table in clause 22 of Schedule 1 to the Family Assistance Act.

Note: The amounts are indexed under Schedule 4 of the Family Assistance Act.

Receiving maintenance income in relation to a person

 1067GGA8 In working out whether a parent of a person receives maintenance income in relation to an FTB child or other person, have regard to the considerations that would apply under the Family Assistance Act.

Effect of ordinary income on maximum payment rate

 1067GH1 This is how to work out the effect of a person’s ordinary income, and the ordinary income of a partner of the person, on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a fortnightly basis (where appropriate, taking into account the matters provided for in points 1067GH2 to 1067GH25).

Step 2. If the person is a member of a couple, work out the partner income free area using point 1067GH26.

 Note: The partner income free area is the maximum amount of ordinary income the person’s partner can have without affecting the person’s benefit.

Step 3. Use point 1067GH27 to work out the person’s partner income excess. (If there is no partner income excess under that point, the person’s partner income excess is taken to be nil.)

Step 4. Use the person’s partner income excess to work out the person’s partner income reduction using point 1067GH28.

Step 5. Use point 1067GH30 to work out the person’s ordinary income excess. (If there is no ordinary income excess under that point, the person’s ordinary income excess is taken to be nil.)

Step 6. Use the person’s ordinary income excess to work out the person’s ordinary income reduction using points 1067GH31, 1067GH32 and 1067GH33.

Step 7. Add the person’s partner income reduction and ordinary income reduction: the result is the person’s income reduction referred to in Step 12 of the Method statement in point 1067GA1.

Note 1: For ordinary income see subsection 8(1).

Note 2: The application of the income test is affected by provisions concerning:

(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);

(b) business income (sections 1074 and 1075);

(c) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);

(d) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);

(e) disposal of income (sections 1106 to 1111).

Ordinary income of members of certain couples

 1067GH2 If a person is a member of a couple and the person’s partner is receiving a social security pension, a service pension, income support supplement or a veteran payment, the person’s ordinary income is taken to be one half of the sum of:

 (a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and

 (b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.

Friendly society amounts

 1067GH3 The ordinary income of a person:

 (a) who has a temporary incapacity exemption under section 542A; or

 (b) who is a partner of a person who has a temporary incapacity exemption under that section;

is not to include any amount received from an approved friendly society in respect of the incapacity to which the temporary incapacity exemption relates.

1067GH3A The ordinary income of a person:

 (a) who is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; or

 (b) who is a partner of a person who is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act;

is not to include any amount received from an approved friendly society in respect of the incapacity that resulted in the determination.

Lump sum payments arising from termination of employment

 1067GH4 Subject to points 1067GH11 to 1067GH20 (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Ordinary income to include certain sick leave entitlements

 1067GH5 If a person is qualified for youth allowance and the person:

 (a) has a temporary incapacity exemption under section 542A; or

 (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act;

the person’s ordinary income is taken to include an amount equal to the amount in respect of sick leave worked out under points 1067GH6, 1067GH7 and 1067GH8.

Sick leave entitlements

 1067GH6 If:

 (a) a person has sick leave entitlements on a day that the person is incapacitated for work; and

 (b) the person has the right to claim payment from the person’s employer by way of sick leave payment in respect of that day; and

 (c) the person’s employer is able to pay the person the person’s sick leave payment in respect of that day; and

 (d) the person is not receiving a leave payment (other than a sick leave payment) in respect of that day;

the person is, for the purposes of this point, taken to have received a sick leave payment equal to the person’s sick leave entitlements in respect of that day, assuming that the person does not exercise any rights the person may have in relation to the amount to be paid in respect of that day.

Subsequent consecutive applications of point 1067GH6

 1067GH7 If point 1067GH6 has applied to a person in respect of a day, then, for the purposes of any subsequent consecutive applications of the point, the person’s sick leave entitlements are to be taken to be reduced by a day.

Sick leave payments already included in ordinary income

 1067GH8 A person’s ordinary income is not to include a payment received by the person in respect of sick leave to the extent that an amount equal to the payment has been included in the person’s ordinary income under point 1067GH5.

Certain leave payments taken to be ordinary income—employment continuing

 1067GH11 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain termination payments taken to be ordinary income

 1067GH12 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

Exception to points 1067GH11 and 1067GH12

 1067GH12A Point 1067GH11 or 1067GH12 does not apply in relation to a person’s entitlement referred to in paragraph 1067GH11(c) or in relation to a person’s termination payment referred to in paragraph 1067GH12(b) if:

 (a) the person makes a claim for youth allowance on or after the commencement of this point; and

 (b) the person makes the claim after the death of the person’s partner on or after the commencement of this point; and

 (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

 (d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

 (i) in the period of 14 weeks starting on the day of the death of the partner; or

 (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

  whichever ends later; and

 (e) the entitlement referred to in paragraph 1067GH11(c) arose, or the termination payment referred to in paragraph 1067GH12(b) was paid, in the period applicable under paragraph (c) or (d) of this point.

More than one termination payment on a day

 1067GH13 If:

 (a) the person is covered by point 1067GH12; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1067GH14 If the person is covered by point 1067GH11, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1067GH14A Subject to point 1067GH14C, if the person is covered by point 1067GH12, the income maintenance period starts, subject to point 1067GH14B, on the day the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1067GH14B If a person who is covered by point 1067GH12 is subject to an income maintenance period (the first period) and the person is paid another termination payment during that period (the second leave payment), the income maintenance period for the second termination payment commences the day after the end of the first period.

Start of income maintenance period where liquid assets test waiting period applies

 1067GH14C If a person to whom point 1067GH14A applies is subject to a liquid assets test waiting period, the income maintenance period is taken to have started on the day on which the liquid assets test waiting period started.

Leave payments or termination payments in respect of periods longer than a fortnight

 1067GH15 Subject to points 1067GH5 to 1067GH8 (inclusive), if:

 (a) a person receives a leave payment or termination payment; and

 (b) the payment is in respect of a period greater than a fortnight;

the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:

 (c) dividing the amount received by the number of days in the period to which the payment relates (daily rate); and

 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1067GH16 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the allowance claimed may not be payable to the person; or

(b) the amount of the allowance payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1067GH17 For the purposes of points 1067GH6 to 1067GH16 (inclusive), a person (first person) is taken to receive a leave payment or termination payment if the payment is made to another person:

 (a) at the direction of the first person or a court; or

 (b) on behalf of the first person; or

 (c) for the benefit of the first person; or

 (d) the first person waives or assigns the first person’s right to receive the payment.

Single payment in respect of different kinds of termination payments

 1067GH18 If a person who is covered by point 1067GH12 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1067GH11 to 1067GH17 (inclusive), each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment and the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1067GH19 In points 1067GH11 to 1067GH18 (inclusive):

payment fortnight means a fortnight in respect of which a youth allowance is paid, or would be paid apart from the application of an income maintenance period, to a person.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Meaning of leave payment

 1067GH20 In points 1067GH5 to 1067GH19 (inclusive):

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

Board and lodging

 1067GH22 A person’s ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.

Ordinary income generally taken into account when first earned, derived or received

 1067GH23 Subject to points 1067GH23A, 1067H23B, 1067GH24 and 1067GH25 and sections 1072A and 1073, ordinary income (except employment income) is to be taken into account in the fortnight in which it is first earned, derived or received.

Note: See Division 1AA of Part 3.10 for the treatment of employment income.

Claimant or recipient receives lump sum amount for remunerative work

 1067GH23A If a person whose claim for youth allowance has been granted receives, after the claim was made, a lump sum amount that:

 (a) is paid to him or her in relation to remunerative work; and

 (b) is not a payment to which point 1067GH24 applies; and

 (c) is not an exempt lump sum; and

 (d) is not employment income;

the person is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.

Partner of claimant or recipient receives lump sum amount for remunerative work

 1067GH23B If:

 (a) a person whose claim for youth allowance has been granted is a member of a couple; and

 (b) after the person had made the claim, the person’s partner receives a lump sum amount that:

 (i) is paid to him or her in relation to remunerative work; and

 (ii) is not a payment to which point 1067GH24 applies; and

 (iii) is not an exempt lump sum; and

 (iv) is not employment income;

the partner is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the partner becomes entitled to receive that amount.

Operation of points 1067GH23A and 1067GH23B

 1067GH23C Points 1067GH23A and 1067GH23B have effect even if the person who has made the claim:

 (a) is subject to a liquid assets test waiting period or an income maintenance period in respect of the allowance claimed; or

 (b) is subject to a seasonal work preclusion period;

during the period of 12 months referred to in those points.

Ordinary income received at intervals longer than one fortnight

 1067GH24 Subject to points 1067GH11 to 1067GH20 (inclusive), if:

 (a) a person receives a number of payments of ordinary income (except employment income); and

 (b) each payment is in respect of a period (work period) that is greater than a fortnight; and

 (c) there is reasonable predictability or regularity as to the timing of the payments; and

 (d) there is reasonable predictability as to the quantum of the payments;

the person is taken to receive in a fortnight falling within, or overlapping with, a work period an amount calculated by:

 (e) dividing the amount received by the number of days in the work period (daily rate); and

 (f) multiplying the daily rate by the number of days in the fortnight that are also within the work period.

Payment of arrears of periodic compensation payments

 1067GH25 If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving youth allowance; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive, in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:

 (c) dividing the amount received by the number of days in the periodic payments period (daily rate); and

 (d) multiplying the daily rate by the number of days in the fortnight that are also within the periodic payments period.

Note: For periodic payments period see section 17.

Partner income free area

 1067GH26 The partner income free area for a person is:

 (a) if the person’s partner is not receiving a social security benefit and has not turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking fulltime study (see section 541B); or

 (b) if the person’s partner is not receiving a social security benefit and has turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which jobseeker payment would not be payable to the partner if the partner were qualified for a jobseeker payment; or

 (c) if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

1067GH26A For the purposes of paragraph 1067GH26(a), disregard steps 2, 2A and 3 of the method statement in point 1067GA1.

1067GH26B For the purposes of paragraph 1067GH26(b), disregard steps 2 and 3 of the method statement in point 1068A1.

Partner income excess

 1067GH27 If:

 (a) a person is a member of a couple; and

 (b) the person’s partner is not receiving a social security pension, a service pension, income support supplement or a veteran payment; and

 (c) the partner’s ordinary income exceeds the partner income free area for the partner;

then:

 (d) the person has a partner income excess; and

 (e) the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.

Partner income reduction

 1067GH28 If a person has a partner income excess, the person’s partner income reduction is an amount equal to 60% of the person’s partner income excess.

Example: 

Facts: Alice’s partner Martin has an ordinary income of $800. Assume that the partner income free area under point 1067GH26 is $640.

Result: Martin’s ordinary income exceeds the partner income free area. Alice therefore has a partner income excess under point 1067GH27 of:

Start formula $800 minus $640 equals $160 end formula

 Alice’s partner income reduction under point 1067GH28 is therefore:

Start formula 60% times $160 equals $96 end formula

Ordinary income free area

 1067GH29 A person’s ordinary income free area is:

 (a) if the person is undertaking fulltime study at any time in the fortnight in respect of which a youth allowance may be payable, other than in compliance with a requirement contained in an employment pathway plan that is in force in relation to the person—$400; or

 (aa) if the person is a new apprentice at any time in the fortnight in respect of which a youth allowance may be payable—$400; or

 (b) otherwise—$150.

Ordinary income excess

 1067GH30 If a person’s ordinary income exceeds the person’s ordinary income free area:

 (a) the person has an ordinary income excess; and

 (b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.

Ordinary income reduction

 1067GH31 If a person has an ordinary income excess, the person’s ordinary income reduction is the sum of:

 (a) the person’s lower range reduction (if any)(see point 1067GH32); and

 (b) the person’s upper range reduction (if any) (see point 1067GH33).

Lower range reduction

 1067GH32 The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed:

 (a) if the person is undertaking fulltime study at any time in the fortnight in respect of which a youth allowance may be payable, other than in compliance with a requirement contained in an employment pathway plan that is in force in relation to the person—$80; or

 (b) if the person is a new apprentice at any time in the fortnight in respect of which a youth allowance may be payable—$80; or

 (c) otherwise—$100.

Upper range reduction

 1067GH33 The person’s upper range reduction is an amount equal to 60% of the part (if any) of the person’s ordinary income excess that exceeds:

 (a) if the person is undertaking fulltime study at any time in the fortnight in respect of which a youth allowance may be payable, other than in compliance with a requirement contained in an employment pathway plan that is in force in relation to the person—$80; or

 (b) if the person is a new apprentice at any time in the fortnight in respect of which a youth allowance may be payable—$80; or

 (c) otherwise—$100.

Student income bank

 1067GJ1 A person’s ordinary income under Module H may be reduced under this Module. This diagram sets out how to work out:

 (a) whether the person’s ordinary income for a particular fortnight, in respect of which youth allowance may be payable to the person, is to be reduced; and

 (b) if it is to be reduced, the amount of the reduction.

Flowchart showing how to work out whether there is a reduction under Module J to the person's ordinary income for a fortnight with respect to youth allowance, and if so, the amount of the reduction

Application of this Module

 1067GJ2 This Module applies to a person during a particular fortnight, in respect of which youth allowance may be payable to the person, if the person is undertaking fulltime study (see section 541B) or is a new apprentice (see subsection 23(1)) at any time during the fortnight.

Income bank credit

 1067GJ3 A person’s income bank credit for a particular income bank fortnight of the person is to be worked out as follows:

Method statement

Step 1. Assume that the person’s income bank credit, at the time this Module starts applying to the person, is an opening balance of zero.

Step 2. If, for the person’s first income bank fortnight, the person has an income credit under point 1067GJ4, add it to the opening balance.

Step 3. For each subsequent income bank fortnight of the person, up to but not including the fortnight in question, either:

 (a) if the person has an income credit for that fortnight under point 1067GJ4 and the person is not a new apprentice—add it to the balance of the person’s income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $10,000; or

 (aa) if the person has an income credit for that fortnight under point 1067GJ4 and the person is a new apprentice—add it to the balance of the person’s income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $1,000; or

 (b) if the person has, in respect of that fortnight, drawn from the person’s income bank credit under point 1067GJ5—deduct from that balance the amount drawn, but not so as to reduce the balance below zero.

 The result is the person’s income bank credit for the fortnight in question.

Income credit

 1067GJ4 For the purposes of point 1067GJ3, if the amount that would, apart from this Module, be the person’s ordinary income for an income bank fortnight of the person is less than the ordinary income free area (see paragraph 1067GH29(a) or (aa)):

 (a) the person has an income credit for that fortnight; and

 (b) the income credit is an amount equal to the difference between the ordinary income free area (see paragraph 1067GH29(a) or (aa)) and the firstmentioned amount.

Drawing from income bank credit

 1067GJ5 For the purposes of point 1067GJ3, if the amount that would, apart from this Module, be the person’s ordinary income for an income bank fortnight of the person is greater than the ordinary income free area (see paragraph 1067GH29(a) or (aa)):

 (a) the person is taken to have drawn from the person’s income bank credit in respect of that fortnight; and

 (b) the amount drawn is taken to be an amount equal to the difference between the firstmentioned amount and the ordinary income free area (see paragraph 1067GH29(a) or (aa)).

Income bank fortnight

 1067GJ6 For the purposes of this Module, an income bank fortnight of a person is any fortnight, in respect of which youth allowance may be payable to the person, during the whole or a part of which this Module applies to the person.

Opening balance following cancellation of another social security pension or benefit

 1067GJ7 If:

 (a) a person ceases to be a working credit participant because of a determination to cancel, or an automatic cancellation of, the person’s social security pension or social security benefit; and

 (b) the person had a working credit balance greater than nil immediately before the date of effect of the determination or cancellation; and

 (c) the person makes a claim, or is taken to have made a claim, for a youth allowance; and

 (d) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (b); and

 (e) the person becomes a person to whom this Module applies on a day (the module application day), being either the day with effect from which the claim is granted or a day following that day;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following suspension of youth allowance

 1067GJ8 If:

 (a) a person ceases to be a working credit participant because of a determination to suspend the person’s youth allowance; and

 (b) the person had a working credit balance greater than nil immediately before the date of effect of the determination; and

 (c) within 12 months after the date of effect of the determination:

 (i) the person commences to undertake fulltime study or becomes a new apprentice; and

 (ii) the payment of the person’s youth allowance is resumed; and

 (d) the person becomes a person to whom this module applies on the day with effect from which the person’s youth allowance is resumed;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the day mentioned in paragraph (d).

Opening balance following suspension and subsequent cancellation of another social security pension or benefit

 1067GJ9 If:

 (a) a person ceases to be a working credit participant because of a determination to suspend the person’s social security pension or social security benefit; and

 (b) while the person’s pension or benefit is suspended, there is a determination to cancel the person’s pension or benefit; and

 (c) the person had a working credit balance greater than nil immediately before the date of effect of the suspension determination; and

 (d) the person makes a claim, or is taken to have made a claim, for a youth allowance; and

 (e) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (c); and

 (f) the person becomes a person to whom this Module applies on a day (the module application day), being either the day with effect from which the claim is granted or a day following that day;

the working credit balance mentioned in paragraph (c) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following commencement of fulltime study by youth allowance recipient

 1067GJ10 If:

 (a) a person is receiving youth allowance and is not undertaking fulltime study; and

 (b) the person commences to undertake fulltime study; and

 (c) either because of a determination made as a result of the commencement or, if no determination is necessary, because of the commencement itself, the person, on a day (the module application day):

 (i) ceases to be a working credit participant; and

 (ii) becomes a person to whom this Module applies; and

 (d) the person had a working credit balance greater than nil immediately before the module application day;

the working credit balance mentioned in paragraph (d) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following commencement as a new apprentice by youth allowance recipient

 1067GJ11 If:

 (a) a person is receiving youth allowance and is not a new apprentice; and

 (b) the person becomes a new apprentice; and

 (c) either because of a determination made as a result of the commencement or, if no determination is necessary, because of the commencement itself, the person, on a day (the module application day):

 (i) ceases to be a working credit participant; and

 (ii) becomes a person to whom this Module applies; and

 (d) the person had a working credit balance greater than nil immediately before the module application day;

the working credit balance mentioned in paragraph (d) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Remote area allowance—person physically in remote area

 1067GK1 An amount by way of remote area allowance is to be added to a person’s rate of youth allowance if:

 (a) the person’s rate of youth allowance apart from this point is greater than nil; and

 (b) the person’s usual place of residence is situated in the remote area; and

 (c) the person is physically present in the remote area.

Note 1: For remote area see subsection 14(1).

Note 2: A person may be considered to be physically present in a remote area during temporary absences (see subsection 14(2)).

Rate of remote area allowance

 1067GK2 A person’s rate of remote area allowance is worked out using Table K. Work out which family situation in the table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 4 for each FTB child, and each regular care child, of the person.

 

Table K—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance

Column 4

Additional allowance for each FTB child and regular care child

1

Not a member of a couple

$18.20

$7.30

2

Partnered

$15.60

$7.30

3

Member of an illness separated couple

$18.20

$7.30

4

Partnered (partner in gaol)

$18.20

$7.30

Note: For member of a couple, partnered, illness separated couple and partnered (partner in gaol) see section 4.

Meaning of remote area allowance

 1067GK3 In Table K, remote area allowance means an amount added to a person’s youth allowance by way of remote area allowance.

In remote area

 1067GK4 For the purposes of Table K, a person is in the remote area if:

 (a) the person’s usual place of residence is in the remote area; and

 (b) the person is physically present in the remote area.

Special rule if partner has an FTB or regular care child but is not receiving a pension

 1067GK6 If:

 (a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

 (b) the person’s partner is not receiving a social security pension or social security benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule if partner has an FTB or regular care child but is not receiving additional allowance for the child

 1067GK7 If:

 (a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1067GK9 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

Table of pensions, benefits, allowances and compensation

Item

Type of pension, benefit, allowance and compensation

1

Age pension

(Part 2.2)

2

Service pension (age)

(Section 36 of the Veterans’ Entitlements Act)

3

Defence widow’s pension—if the widow has no dependent children

(Section 70 of the Veterans’ Entitlements Act)

4

War widow’s pension—if the widow has no dependent children

(Section 13 of the Veterans’ Entitlements Act)

4A

Compensation for an armed services widow who has no dependent children

(Paragraph 234(1)(b) or subsection 236(5) of the Military Rehabilitation and Compensation Act)

7

Service pension (partner)—if partner is receiving service pension (age)

(Section 38 of the Veterans’ Entitlements Act)

7A

Income support supplement

(section 45A of the Veterans’ Entitlements Act)

7B

Veteran payment

(section 45SB of the Veterans’ Entitlements Act)

12

Carer payment

(Part 2.5)

13

Service pension (carer)

(Section 39 of the Veterans’ Entitlements Act)

14

Defence widow’s pension—if the widow has a dependent child

(Section 70 of the Veterans’ Entitlements Act)

15

Disability support pension

(Part 2.3)

16

Service pension (invalidity)

(Section 37 of the Veterans’ Entitlements Act)

17

Pension PP (single)

(Part 2.10)

20

War widow’s pension—if the widow has a dependent child

(Section 13 of the Veterans’ Entitlements Act)

20A

Compensation for an armed services widow who has a dependent child

(Paragraph 234(1)(b) or subsection 236(5) of the Military Rehabilitation and Compensation Act)

22

Wife’s service pension—if husband is receiving an invalidity service pension

(Section 40 of the Veterans’ Entitlements Act)

23

Jobseeker payment

(Part 2.12)

25

Special benefit

(Part 2.15)

26

Benefit PP (partnered)

(Part 2.10)

27

Austudy payment

(Part 2.11A)

 

  In this Part:

living at home has the meaning given by section 1067J.

long term income support student has the meaning given by section 1067K.

 (1) A person lives at home if the person lives at the home of either or both of his or her parents.

Note: For parent see section 5 (paragraph (a) of the definition of parent).

 (2) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsection (1).

 (1) A person is a long term income support student if the person:

 (b) does not have a dependent child; and

 (c) is either:

 (i) undertaking study (whether as a fulltime student or as a concessional studyload student) in respect of a course of education that the person has commenced after turning 21; or

 (ii) a new apprentice and became a new apprentice after turning 21; and

 (d) has, for at least 26 weeks in the period of 39 weeks that ended when the person commenced to undertake the study or became a new apprentice, been receiving one or more of the following:

 (i) jobseeker payment;

 (iii) special benefit;

 (iv) disability support pension;

 (vi) carer payment;

 (ix) pension PP (single);

 (x) sole parent pension;

 (xi) benefit parenting allowance;

 (xii) benefit PP (partnered).

Note 1: For dependent child see subsections 5(2) to (9).

Note 2: For fulltime student and concessional studyload student see sections 569C and 569D.

 (2) A person is also a long term income support student if the person:

 (b) does not have a dependent child; and

 (c) does not have English as a first language; and

 (d) is undertaking a course in English, being a course that the Secretary has approved.

Note: For dependent child see subsections 5(2) to (9).

Austudy Payment Rate Calculator

 (1) The rate of austudy payment of a person referred to in section 581 is to be calculated in accordance with the Rate Calculator in this section.

Limit on rate of payment

 (2) If:

 (a) a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person (whether the persons are the same sex or different sexes); and

 (b) the other person is under the age of consent that applies in the State or Territory in which they are living;

the rate of the person’s austudy payment is not to be more than the rate at which the austudy payment would be payable to the person if the other person were the person’s partner.

Method of calculating rate

 1067LA1 The rate of payment is a daily rate. That rate is worked out by dividing the fortnightly rate calculated according to this Rate Calculator by 14.

Method statement

Step 1. Work out the person’s maximum basic rate using Module B below.

Step 1A. Work out the pension supplement amount (if any) using Module BA below.

Step 1B. Work out the energy supplement (if any) using Module BB below.

Step 2. Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.

Step 2A. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).

Step 3. Add up the amounts obtained in Steps 1, 1A, 1B, 2 and 2A: the result is the maximum payment rate.

Step 4. Apply the income test using Module D below to work out the person’s income reduction.

Step 5. Take away the person’s income reduction from the maximum payment rate: the result is the provisional fortnightly payment rate.

 Note: If a person’s rate is reduced under this step, the order in which the reduction is to be made is laid down by section 1210.

Step 6. The rate of payment is the amount obtained by:

 (a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module F).

Maximum basic rate

 1067LB1 A person’s maximum basic rate is to be worked out as follows:

 (a) if the person is not a long term income support student (see section 1067K)—use Table BA;

 (b) if the person is a long term income support student—use point 1067LB3.

Person who is not a long term income support student

 1067LB2(1) If the person is not a long term income support student (see section 1067K), work out:

 (a) whether the person is a member of a couple (see section 4); and

 (b) whether the person has a dependent child (see subsections 5(2) to (9)); and

 (c) if the person is not a member of a couple, whether the person has a YA child (see subpoint (2)).

The person’s maximum basic rate is the amount in column 3 of the table that corresponds to the person’s situation as described in column 2 of the table.

 

Table BA—Maximum basic rates (persons who are not long term income support students)

Column 1

Item

Column 2

Person’s situation

Column 3

Rate

1

Does not have a dependent child or a YA child

$602.80

2

Is a member of a couple and has a dependent child

$652.60

3

Is not a member of a couple and has a dependent child or YA child

$760.40

Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191–1194).

 (2) In this point:

YA child, in relation to a person who is not a member of a couple, means a child who is receiving youth allowance, is under 18 years of age and would be a dependent child of the person if he or she were not receiving the allowance.

Person who is a long term income support student

 1067LB3 If the person is a long term income support student (see section 1067K), work out whether the person is a member of a couple (see section 4).

The person’s maximum basic rate is the amount in column 3 of the table that corresponds to the person’s situation as described in column 2 of the table.

 

Table BB—Maximum basic rates (persons who are long term income support students)

Column 1

Item

Column 2

Person’s situation

Column 3

Rate

1

Is a member of a couple

$652.60

2

Is not a member of a couple

$711.90

Pension supplement

 1067LBA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

 1067LBA2 The person’s pension supplement amount is:

 (a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1067LBA4; and

 (b) otherwise—the amount worked out under point 1067LBA3.

Amount if no election in force

 1067LBA3 The person’s pension supplement amount is the amount worked out by:

 (a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and

 (b) dividing the result by 26; and

 (c) if:

 (i) the person is not partnered; and

 (ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;

  rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).

 

Item

Person’s family situation

Use this %

1

Not member of couple

66.33%

2

Partnered

50%

3

Member of illness separated couple

66.33%

4

Member of respite care couple

66.33%

5

Partnered (partner in gaol)

66.33%

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Amount if election in force

 1067LBA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1067LBA3 as if the election were not in force;

 (b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.

 1067LBB1 An energy supplement is to be added to the person’s (the recipient’s) maximum basic rate if the recipient is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the recipient.

Note: Section 918 may affect the addition of the energy supplement.

Recipient has reached pension age

 1067LBB2 If the recipient has reached pension age, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation

Amount of energy supplement

1

Not a member of a couple

$14.10

2

Partnered

$10.60

3

Member of an illness separated couple

$14.10

4

Member of a respite care couple

$14.10

5

Partnered (partner in gaol)

$14.10

Recipient has not reached pension age

 1067LBB3 If the recipient has not reached pension age, the recipient’s energy supplement is worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation for maximum basic rate

Amount of energy supplement

1

If the recipient’s maximum basic rate is worked out under item 1 of the table in subpoint 1067LB2(1)

$7.00

2

If the recipient’s maximum basic rate is worked out under item 2 of the table in subpoint 1067LB2(1)

$7.70

3

If the recipient’s maximum basic rate is worked out under item 3 of the table in subpoint 1067LB2(1)

$9.20

4

If the recipient’s maximum basic rate is worked out under item 1 of the table in point 1067LB3

$7.70

5

If the recipient’s maximum basic rate is worked out under item 2 of the table in point 1067LB3

$8.60

Qualification for pharmaceutical allowance

 1067LC1 Subject to points 1067LC1A and 1067LC2, an amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

 (b) the person has turned 55; and

 (c) the person has been receiving income support payments in respect of a continuous period of at least 9 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph).

Note 1: For income support payment see subsection 23(1).

Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

No pharmaceutical allowance if person receiving pension supplement

 1067LC1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1067LC2 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

Amount of pharmaceutical allowance

 1067LC3 The amount of pharmaceutical allowance is the amount per fortnight worked out using the following table:

 

Table C—Pharmaceutical allowance amounts

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per fortnight

1

Not a member of a couple

$5.40

2

Partnered

$2.70

3

Member of an illness separated couple

$5.40

4

Member of a respite care couple

$5.40

5

Partnered (partner getting service pension)

$2.70

6

Partnered (partner in gaol)

$5.40

Note 1: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases on 1 January (see sections 1191 to 1194 and 1206A).

Effect of ordinary income on maximum payment rate

 1067LD1 This is how to work out the effect of:

 (a) a person’s ordinary income; and

 (b) the ordinary income of a partner of the person;

on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a fortnightly basis (where appropriate, taking into account the matters provided for in points 1067LD2 to 1067LD24).

Step 2. If the person is a member of a couple, work out the partner income free area using point 1067LD25.

 Note: The partner income free area is the maximum amount of ordinary income the person’s partner can have without affecting the person’s benefit.

Step 3. Use point 1067LD26 to work out the person’s partner income excess. (If there is no partner income excess under that point, the person’s partner income excess is taken to be nil.)

Step 4. Use the person’s partner income excess to work out the person’s partner income reduction using point 1067LD27.

Step 5. Use point 1067LD29 to work out the person’s ordinary income excess. (If there is no ordinary income excess under that point, the person’s ordinary income excess is taken to be nil.)

Step 6. Use the person’s ordinary income excess to work out the person’s ordinary income reduction using points 1067LD30, 1067LD31 and 1067LD32.

Step 7. Add the person’s partner income reduction and ordinary income reduction: the result is the person’s income reduction referred to in Step 4 of the Method statement in point 1067LA1.

Note 1: For ordinary income see subsection 8(1).

Note 2: The application of the income test is affected by provisions concerning the following:

(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);

(b) business income (sections 1074 and 1075);

(c) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);

(d) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);

(e) disposal of income (sections 1106 to 1111).

Ordinary income of members of certain couples

 1067LD2 If a person is a member of a couple and the person’s partner is receiving a social security pension, a service pension, income support supplement or a veteran payment, the person’s ordinary income is taken to be one half of the sum of:

 (a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and

 (b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.

Lump sum payments arising from termination of employment

 1067LD3 Subject to points 1067LD5 to 1067LD16 (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Certain leave payments taken to be ordinary income—employment continuing

 1067LD5 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain termination payments taken to be ordinary income

 1067LD6 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day

 1067LD7 If:

 (a) the person is covered by point 1067LD6; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1067LD8 If the person is covered by point 1067LD5, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1067LD9 Subject to point 1067LD10A, if the person is covered by point 1067LD6, the income maintenance period starts, subject to point 1067LD10, on the day on which the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1067LD10 If:

 (a) a person who is covered by point 1067LD6 is subject to an income maintenance period (the first period); and

 (b) the person is paid another termination payment during that period (the second leave payment);

the income maintenance period for the second termination payment starts on the day after the end of the first period.

Start of income maintenance period where liquid assets test waiting period applies

 1067LD10A If a person to whom point 1067LD10 applies is subject to a liquid assets test waiting period, the income maintenance period is taken to have started on the day on which the liquid assets test waiting period started.

Leave payments or termination payments in respect of periods longer than a fortnight

 1067LD11 If:

 (a) a person receives a leave payment or termination payment; and

 (b) the payment is in respect of a period longer than a fortnight;

the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:

 (c) dividing the amount received by the number of days in the period to which the payment relates (daily rate); and

 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1067LD12 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the allowance claimed may not be payable to the person; or

(b) the amount of the allowance payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1067LD13 For the purposes of points 1067LD5 to 1067LD12 (inclusive), a person (first person) is taken to receive a leave payment or termination payment if:

 (a) the payment is made to another person:

 (i) at the direction of the first person or a court; or

 (ii) on behalf of the first person; or

 (iii) for the benefit of the first person; or

 (b) the first person waives or assigns his or her right to receive the payment.

Single payment in respect of different kinds of termination payments

 1067LD14 If a person who is covered by point 1067LD6 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1067LD5 to 1067LD13 (inclusive):

 (a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and

 (b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1067LD15 In points 1067LD5 to 1067LD14 (inclusive):

payment fortnight means a fortnight in respect of which an austudy payment is paid, or would be paid apart from the application of an income maintenance period, to a person.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Meaning of leave payment

1067LD16 In points 1067LD5 to 1067LD15 (inclusive):

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

Board and lodging

 1067LD18 A person’s ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.

Ordinary income generally taken into account when first earned, derived or received

 1067LD19 Subject to points 1067LD20, 1067LD21, 1067LD23 and 1067LD24 and sections 1072A and 1073, ordinary income (except employment income) is to be taken into account in the fortnight in which it is first earned, derived or received.

Note: See Division 1AA of Part 3.10 for the treatment of employment income.

Claimant or recipient receives lump sum amount for remunerative work

 1067LD20 If a person whose claim for austudy payment has been granted receives, after the claim was made, a lump sum amount that:

 (a) is paid to him or her in relation to remunerative work; and

 (b) is not a payment to which point 1067LD21 applies; and

 (c) is not an exempt lump sum; and

 (d) is not employment income;

the person is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.

Partner of claimant or recipient receives lump sum amount for remunerative work

 1067LD21 If:

 (a) a person whose claim for austudy payment has been granted is a member of a couple; and

 (b) after the person has made the claim, the person’s partner receives a lump sum amount that:

 (i) is paid to him or her in relation to remunerative work; and

 (ii) is not a payment to which point 1067LD23 applies; and

 (iii) is not an exempt lump sum; and

 (iv) is not employment income;

the partner is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the partner becomes entitled to receive that amount.

Operation of points 1067LD20 and 1067LD21

 1067LD22 Points 1067LD20 and 1067LD21 have effect even if the person who has made the claim:

 (a) is subject to a liquid assets test waiting period or an income maintenance period in respect of the allowance claimed; or

 (b) is subject to a seasonal work preclusion period;

during the period of 12 months referred to in those points.

Ordinary income received at intervals longer than one fortnight

 1067LD23 Subject to points 1067LD5 to 1067LD16 (inclusive), if:

 (a) a person receives a number of payments of ordinary income (except employment income); and

 (b) each payment is in respect of a period (work period) that is greater than a fortnight; and

 (c) there is reasonable predictability or regularity as to the timing of the payments; and

 (d) there is reasonable predictability as to the quantum of the payments;

the person is taken to receive in a fortnight falling within, or overlapping with, a work period an amount calculated by:

 (e) dividing the amount received by the number of days in the work period (daily rate); and

 (f) multiplying the daily rate by the number of days in the fortnight that are also within the work period.

Payment of arrears of periodic compensation payments

 1067LD24 If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving an austudy payment; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive, in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:

 (c) dividing the amount received by the number of days in the periodic payments period (daily rate); and

 (d) multiplying the daily rate by the number of days in the fortnight that are also within the periodic payments period.

Note: For periodic payments period see section 17.

Partner income free area

 1067LD25 The partner income free area for a person is:

 (a) if the person’s partner is not receiving a social security benefit and has not turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking fulltime study (see section 541B); or

 (b) if the person’s partner is not receiving a social security benefit and has turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which jobseeker payment would not be payable to the partner if the partner were qualified for a jobseeker payment; or

 (c) if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

1067LD25A For the purposes of paragraph 1067LD25(a), disregard steps 2, 2A and 3 of the method statement in point 1067GA1.

 1067LD25B For the purposes of paragraph 1067LD25(b), disregard steps 2 and 3 of the method statement in point 1068A1.

Partner income excess

 1067LD26 If:

 (a) a person is a member of a couple; and

 (b) the person’s partner is not receiving a social security pension, a service pension, income support supplement or a veteran payment; and

 (c) the partner’s ordinary income exceeds the partner income free area for the partner;

then:

 (d) the person has a partner income excess; and

 (e) the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.

Partner income reduction

 1067LD27 If a person has a partner income excess, the person’s partner income reduction is an amount equal to 60% of the person’s partner income excess.

Example: 

Facts: Alice’s partner Martin has an ordinary income of $800. Assume that the partner income free area under point 1067LD25 is $640.

Result: Martin’s ordinary income exceeds the partner income free area. Alice therefore has a partner income excess under point 1067LD26 of:

Start formula $800 minus $640 equals $160 end formula

 Alice’s partner income reduction under point 1067LD27 is therefore:

Start formula 60% times $160 equals $96 end formula

Ordinary income free area

 1067LD28 A person’s ordinary income free area is $400.

Ordinary income excess

 1067LD29 If a person’s ordinary income exceeds the person’s ordinary income free area:

 (a) the person has an ordinary income excess; and

 (b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.

Ordinary income reduction

 1067LD30 If a person has an ordinary income excess, the person’s ordinary income reduction is the sum of:

 (a) the person’s lower range reduction (if any) (see point 1067LD31); and

 (b) the person’s upper range reduction (if any) (see point 1067LD32).

Lower range reduction

 1067LD31 The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed $80.

Upper range reduction

 1067LD32 The person’s upper range reduction is an amount equal to 60% of the part (if any) of the person’s ordinary income excess that exceeds $80.

Student income bank

 1067LE1 A person’s ordinary income under Module D may be reduced under this Module. This diagram sets out how to work out:

 (a) whether the person’s ordinary income for a particular fortnight in respect of which austudy payment may be payable to the person, is to be reduced; and

 (b) if it is to be reduced, the amount of the reduction.

 

Flowchart showing how to work out whether there is a reduction under Module E to a person's ordinary income for the fortnight with respect to austudy payment, and if so, the amount of the reduction.

Income bank credit

 1067LE2 A person’s income bank credit for a particular income bank fortnight of the person is to be worked out as follows:

Method statement

Step 1. Assume that the person’s income bank credit, at the time this Module starts applying to the person, is an opening balance of zero.

Step 2. If, for the person’s first income bank fortnight, the person has an income credit under point 1067LE3, add it to the opening balance.

Step 3. For each subsequent income bank fortnight of the person, up to but not including the fortnight in question, either:

 (a) if the person has an income credit for that fortnight under point 1067LE3 and the person is not a new apprentice—add it to the balance of the person’s income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $10,000; or

 (aa) if the person has an income credit for that fortnight under point 1067LE3 and the person is a new apprentice—add it to the balance of the person’s income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $1,000; or

 (b) if the person has, in respect of that fortnight, drawn from the person’s income bank credit under point 1067LE4—deduct from that balance the amount drawn, but not so as to reduce the balance below zero.

 The result is the person’s income bank credit for the fortnight in question.

Income credit

 1067LE3 For the purposes of point 1067LE2, if the amount that would, apart from this Module, be the person’s ordinary income for an income bank fortnight of the person is less than the ordinary income free area (see point 1067LD28):

 (a) the person has an income credit for that fortnight; and

 (b) the income credit is an amount equal to the difference between the ordinary income free area (see point 1067LD28) and the firstmentioned amount.

Drawing from income bank credit

 1067LE4 For the purposes of point 1067LE2, if the amount that would, apart from this Module, be the person’s ordinary income for an income bank fortnight of the person is greater than the ordinary income free area (see point 1067LD28):

 (a) the person is taken to have drawn from the person’s income bank credit in respect of that fortnight; and

 (b) the amount drawn is taken to be an amount equal to the difference between the firstmentioned amount and the ordinary income free area (see point 1067LD28).

Income bank fortnight

 1067LE5 For the purposes of this Module, an income bank fortnight of a person is any fortnight in respect of which an austudy payment may be payable to the person.

Opening balance following cancellation of another social security pension or benefit

 1067LE6 If:

 (a) a person ceases to be a working credit participant because of a determination to cancel, or an automatic cancellation of, the person’s social security pension or social security benefit; and

 (b) the person had a working credit balance greater than nil immediately before the date of effect of the determination or cancellation; and

 (c) the person makes a claim, or is taken to have made a claim, for an austudy payment; and

 (d) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (b); and

 (e) the person becomes a person to whom this Module applies on a day (the module application day), being either the day with effect from which the claim is granted or a day following that day; and

 (f) the person has not reached pension age before the module application day;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following suspension and subsequent cancellation of another social security pension or benefit

 1067LE7 If:

 (a) a person ceases to be a working credit participant because of a determination to suspend the person’s social security pension or social security benefit; and

 (b) while the person’s pension or benefit is suspended, there is a determination to cancel the person’s pension or benefit; and

 (c) the person had a working credit balance greater than nil immediately before the date of effect of the suspension determination; and

 (d) the person makes a claim, or is taken to have made a claim, for an austudy payment; and

 (e) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (c); and

 (f) the person becomes a person to whom this Module applies on a day (the module application day), being either the day with effect from which the claim is granted or a day following that day; and

 (g) the person has not reached pension age before the module application day;

the working credit balance mentioned in paragraph (c) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Remote area allowance—person physically in remote area

 1067LF1 An amount by way of remote area allowance is to be added to a person’s rate of austudy payment if:

 (a) the person’s rate of austudy payment apart from this point is greater than nil; and

 (b) the person’s usual place of residence is situated in the remote area; and

 (c) the person is physically present in the remote area.

Note 1: For remote area see subsection 14(1).

Note 2: A person may be considered to be physically present in a remote area during temporary absences (see subsection 14(2)).

Rate of remote area allowance

 1067LF2 A person’s rate of remote area allowance is worked out using Table F. Work out which family situation in the table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus the additional corresponding amount in column 4 for each FTB child, and each regular care child, of the person.

 

Table F—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance

Column 4

Additional allowance for each FTB child and regular care child

1

Not a member of a couple

$18.20

$7.30

2

Partnered

$15.60

$7.30

3

Member of an illness separated couple

$18.20

$7.30

4

Partnered (partner in gaol)

$18.20

$7.30

Note: For member of a couple, partnered, illness separated couple and partnered (partner in gaol) see section 4.

Meaning of remote area allowance

 1067LF3 In Table F, remote area allowance means an amount added to a person’s austudy payment by way of remote area allowance.

In remote area

 1067LF4 For the purposes of Table F, a person is in the remote area if:

 (a) the person’s usual place of residence is in the remote area; and

 (b) the person is physically present in the remote area.

Special rule if partner has an FTB or regular care child but is not receiving a pension

 1067LF6 If:

 (a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

 (b) the person’s partner is not receiving a social security pension or social security benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule if partner has an FTB or regular care child but is not receiving additional allowance for the child

 1067LF7 If:

 (a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1067LF9 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 

 (1) The rate of jobseeker payment is to be calculated in accordance with the Rate Calculator at the end of this section.

Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation.

 (2) If:

 (a) a person has a relationship with another person, whether of the same sex or a different sex (other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A));

 (c) the other person is under the age of consent applicable in the State or Territory in which the person is living;

the person’s benefit rate is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner.

Note: This provision has the effect of taking into account the ordinary income and assets of the partner in applying the ordinary income test and assets test respectively.

Rate of benefit limited for certain armed services widows

 (3) If:

 (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

 (b) the widow has been receiving a payment referred to in paragraph (a) continuously since before 1 November 1986; and

 (c) before 1 November 1986 the widow was also receiving a social security benefit;

the rate of benefit payable to the widow is not to be increased:

 (d) if, immediately before 1 November 1986, the widow was receiving a social security benefit at a rate less than $124.90 per fortnight—to a rate greater than $124.90 per fortnight; or

 (e) if, immediately before 1 November 1986, the widow was receiving a social security benefit at a rate equal to or greater than $124.90 per fortnight—to a rate greater than the rate at which it was payable immediately before 1 November 1986.

Note 1: A benefit is not payable to a widow who starts to get a payment referred to in subsection (3) after 1 November 1986—see section 614.

Note 2: For armed services widow see subsection 4(1).

Method of calculating rate

 1068A1 The rate of benefit is a daily rate. That rate is worked out by dividing the fortnightly rate calculated according to this Rate Calculator by 14.

Method statement

Step 1. Work out the person’s maximum basic rate using MODULE B below.

Step 1A. Work out the pension supplement amount (if any) using Module BA below.

Step 1B. Work out the energy supplement (if any) using Module C below.

Step 2. Work out the amount per fortnight (if any) of pharmaceutical allowance using MODULE D below.

Step 3. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).

Step 4. Add up the amounts obtained in Steps 1 to 4: the result is called the maximum payment rate.

Step 5. Apply the income test using MODULE G below to work out the income reduction.

Step 6. Take the income reduction away from the maximum payment rate: the result is called the provisional fortnightly payment rate.

Step 7. The rate of benefit is the amount obtained by:

 (a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module J).

Note 1: If a person’s rate is reduced under step 6, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1210.

Note 2: In some circumstances a person may also be qualified for a pharmaceutical allowance under Part 2.22.

Note 3: An amount of remote area allowance is to be added under paragraph (c) of step 7 only if the conditions in point 1068J1 are satisfied.

Maximum basic rate

 1068B1 The maximum basic rate of a person is worked out using Table B. Work out the person’s family situation and whether the person has a dependent child or not. The maximum basic rate is the corresponding amount in the rate column.

 

Table B—Maximum basic rates

Column 1

Column 2

Column 3

Rate

Item

Person’s family situation

Column 3A

Person with dependent child

Column 3B

Person without dependent child

4A

Not member of couple and:

(a) person receives jobseeker payment; and

(b) person has not turned 55; and

(c) point 1068B1AA does not apply to person

$816.90

$762.70

4B

Not member of couple and:

(a) person receives jobseeker payment; and

(b) person has turned 55; and

(c) person has not been receiving one, or a combination, of social security pension or social security benefit or service pension, income support supplement or veteran payment for a continuous period of at least 9 months; and

(d) point 1068B1AA does not apply to person

$816.90

$762.70

5

Not member of couple and:

(a) person has turned 55; and

(b) person has been receiving one, or a combination, of social security pension or social security benefit or service pension or income support supplement for a continuous period of at least 9 months; and

(c) point 1068B1AA does not apply to person

$816.90

$816.90

6

Not member of couple and:

(a) person receives jobseeker payment; and

(b) point 1068B1AA applies to person

$816.90

$816.90

7

Partnered

$698.30

$698.30

9

Member of illness separated couple

$816.90

$816.90

11

Partnered (partner in gaol)

$816.90

$816.90

Note 1: For member of couple, partnered, illness separated couple and partnered (partner in gaol) see section 4.

Note 2: For dependent child see section 5.

Note 5: The rates in column 3 are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Note 7: Some dependent children will not be taken into account in working out a person’s maximum basic rate (see point 1068B2).

Note 8: Some recipients of jobseeker payment have a maximum basic rate based on the maximum basic rate under the Pension PP (Single) Rate Calculator (see point 1068B5).

Partial capacity to work—less than 15 hours per week of work

1068B1AA This point applies to a person if:

 (a) the person is receiving jobseeker payment; and

 (b) the person has a partial capacity to work because of an impairment; and

 (c) the Secretary is satisfied that:

 (i) the impairment of itself prevents the person from doing 15 hours per week of work independently of a program of support within the next 2 years; and

 (ii) no training activity (within the meaning of section 16B) is likely (because of the impairment) to enable the person to do 15 hours per week of work independently of a program of support within the next 2 years.

Note 1: For partial capacity to work see section 16B.

Note 2: In deciding whether the Secretary is satisfied, the Secretary must comply with any guidelines made by the Minister under section 16B (see subsection 16B(3)).

1068B1AB In point 1068B1AA, 15 hours per week of work means work:

 (a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

 (b) that exists in Australia, even if not within the person’s locally accessible labour market.

Certain children who are not young persons are to be treated as dependent children

 1068B1A If:

 (a) a person is not a member of a couple; and

 (b) the person has at least one natural child, adopted child or relationship child who has turned 16 but has not turned 18; and

 (c) either:

 (i) a social security benefit is payable to the child; or

 (ii) if the person is receiving jobseeker payment—a disability support pension is payable to the child; and

 (d) the child is substantially dependent on the person;

the person’s maximum basic rate is worked out as if the person had a dependent child.

Certain children treated as dependent children if in recipient’s care for at least minimum period

 1068B1B The maximum basic rate for a person receiving jobseeker payment is worked out as if the person had a dependent child if:

 (a) either:

 (i) the person is legally responsible (whether alone or jointly with another person) for the daytoday care, welfare and development of a child under 16; or

 (ii) under a family law order, registered parenting plan or parenting plan that is in force, a child under 16 is supposed to live or spend time with the person; and

 (b) the child is in the person’s care for at least 14% of:

 (i) the instalment period in relation to which the maximum basic rate is being worked out; or

 (ii) if the Secretary, under point 1068B1C, determines another period for the person for the purposes of this subparagraph—that other period; and

 (c) none of subsections 5(3), (6) and (7) prevents the child from being a dependent child of the person; and

 (d) the person is not a member of a couple.

Note: For family law order, registered parenting plan and parenting plan see subsection 23(1).

 1068B1C The Secretary may, in writing, determine a period of either 14 days or 28 days for the purposes of subparagraph 1068B1B(b)(ii). In making the determination, the Secretary must have regard to the guidelines (if any) determined under point 1068B1E.

 1068B1D A determination made under point 1068B1C is not a legislative instrument.

 1068B1E The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under point 1068B1C.

Certain dependent children to be disregarded

 1068B2 For the purposes of items 4A and 4B of Table B in point 1068B1, if:

 (a) a person has a dependent child; and

 (b) the child has turned 18; and

 (c) the child is a prescribed student child;

the child is to be disregarded in working out the person’s maximum basic rate under that point.

Note: For prescribed student child see section 5.

 1068B3 On 20 March 1994 the amounts specified in items 3, 4, 4A and 4B in column 3B of Table B in point 1068B1 are increased by $6.00. The increase is to be made after the indexation of the amounts on that day has occurred.

 1068B4 The amounts in items 3, 4, 4A and 4B in columns 3A and 3B of Table B in point 1068B1 are to be indexed on 20 September 1993 and 20 March 1994 under section 1192 as if Part 2 of the Social Security Amendment Act (No. 2) 1993 had commenced on 1 September 1993.

Maximum basic rate for certain jobseeker payment recipients

 1068B5 Despite point 1068B1, if a person:

 (a) is not a member of a couple; and

 (b) receives jobseeker payment; and

 (c) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under subsection 40P(2) of the Administration Act because of paragraph 40P(2)(a) or (b) of that Act;

the person’s maximum basic rate is the amount worked out as follows:

Start formula start fraction Pension PP (Single) maximum basic amount over 26 end fraction end formula

where:

pension PP (Single) maximum basic amount is the sum of:

 (a) the amount that would have been the person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment; and

 (b) the amount that would have been the person’s pension supplement under Module BA of the Pension PP (Single) Rate Calculator if the person was receiving parenting payment.

Note: A person’s maximum basic rate under Module B of the Pension PP (Single) Rate Calculator is indexed 6 monthly in line with increases in Male Total Average Weekly Earnings (see section 1195).

Pension supplement

 1068BA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

 1068BA2 The person’s pension supplement amount is:

 (a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068BA4; and

 (b) otherwise—the amount worked out under point 1068BA3.

Amount if no election in force

 1068BA3 The person’s pension supplement amount is the amount worked out by:

 (a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and

 (b) dividing the result by 26; and

 (c) if:

 (i) the person is not partnered; and

 (ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;

  rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).

 

Item

Person’s family situation

Use this %

1

Not member of couple

66.33%

2

Partnered

50%

3

Member of illness separated couple

66.33%

4

Member of respite care couple

66.33%

5

Partnered (partner in gaol)

66.33%

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Amount if election in force

 1068BA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1068BA3 as if the election were not in force;

 (b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.

 1068C1 An energy supplement is to be added to the person’s (the recipient’s) maximum basic rate if the recipient is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the recipient.

Note: Section 918 may affect the addition of the energy supplement.

Recipient has reached pension age

 1068C2 If the recipient has reached pension age and is not covered by point 1068B5, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation

Amount of energy supplement

1

Not a member of a couple

$14.10

2

Partnered

$10.60

3

Member of an illness separated couple

$14.10

4

Member of a respite care couple

$14.10

5

Partnered (partner in gaol)

$14.10

Recipient has not reached pension age

 1068C3 If the recipient has not reached pension age and is not covered by point 1068B5, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation for maximum basic rate

Amount of energy supplement

1

If the recipient’s maximum basic rate is worked out under column 3A of item 4A, 4B, 5, 6, 9 or 11 of the table in point 1068B1

$9.50

2

If the recipient’s maximum basic rate is worked out under column 3A of item 7 of the table in point 1068B1

$7.90

3

If the recipient’s maximum basic rate is worked out under column 3B of item 4A or 4B of the table in point 1068B1

$8.80

4

If the recipient’s maximum basic rate is worked out under column 3B of item 5, 6, 9 or 11 of the table in point 1068B1

$9.50

5

If the recipient’s maximum basic rate is worked out under column 3B of item 7 of the table in point 1068B1

$7.90

Recipient covered by point 1068B5

 1068C4 If the recipient is covered by point 1068B5, the recipient’s energy supplement is $12.00.

Qualification for pharmaceutical allowance

 1068D1 Subject to points 1068D3A, 1068D4, 1068D5, 1068D6 and 1068D8, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if the person is receiving jobseeker payment and point 1068D2, 1068D2B or 1068D3 applies to the person.

Incapacity for work—jobseeker payment

 1068D2 This point applies to a person if the person is receiving jobseeker payment and the person is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act.

Jobseeker payment recipients who have a partial capacity to work or are principal carers

 1068D2B This point applies to a person who is receiving jobseeker payment if the person:

 (a) has a partial capacity to work; or

 (b) is the principal carer of at least one child and is not a member of a couple.

Note 1: For partial capacity to work see section 16B.

Note 2: For principal carer see subsections 5(15) to (24).

Long term recipients over 55

 1068D3 This point applies to a person if the person:

 (a) has turned 55; and

 (b) has been receiving income support payments in respect of a continuous period of at least 9 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph).

Note 1: For income support payment see subsection 23(1).

Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

No pharmaceutical allowance if person receiving pension supplement

 1068D3A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.

No pharmaceutical allowance if person receiving certain supplements under other Acts

 1068D4 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving:

 (a) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019.

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1068D5 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

No pharmaceutical allowance before advance payment period ends

 1068D6 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and

 (b) the person’s advance payment period has not ended.

Note: For advance payment period see point 1068D7.

Advance payment period

 1068D7 A person’s advance payment period:

 (a) starts on the day on which the advance pharmaceutical allowance is paid to the person; and

 (b) ends after the number of paydays worked out using the following formula have passed:

Start formula start fraction amount of advance times 26 over pharmaceutical allowance rate end fraction end formula

where:

amount of advance is the amount of the advance paid to the person;

pharmaceutical allowance rate is the fortnightly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the social security benefit instalment for the day on which the advance is paid if a social security benefit were payable to the person and pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

Note: The person may have come on social security benefit after having been a pension recipient and have received an advance while a pension recipient.

No pharmaceutical allowance if annual limit reached

 1068D8 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance during the current calendar year; and

 (b) the total amount paid to the person for that year by way of:

 (i) pharmaceutical allowance; and

 (ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).

Note 2: The annual limit is affected by:

 how long during the calendar year the person was on pension or benefit;

 the rate of pharmaceutical allowance the person attracts at various times depending on the person’s family situation.

Amount of pharmaceutical allowance

 1068D10 The amount of pharmaceutical allowance is the amount per fortnight worked out using the following Table:

 

Pharmaceutical allowance amount table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per fortnight

1.

Not member of couple

$5.20

2.

Partnered

$2.60

4.

Member of illness separated couple

$5.20

5.

Member of respite care couple

$5.20

6.

Partnered (partner getting service pension)

$2.60

7.

Partnered (partner in gaol)

$5.20

Note 1: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1206A).

Effect of ordinary income on maximum payment rate

 1068G1 This is how to work out the effect of a person’s ordinary income, and the ordinary income of a partner of the person, on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a fortnightly basis.

 Note: For the treatment of amounts received from friendly societies, see point 1068G4.

Step 2. If the person is a member of a couple, work out the partner income free area using point 1068G9.

 Note: The partner income free area is the maximum amount of ordinary income the person’s partner may have without affecting the person’s benefit.

Step 3. Use paragraphs 1068G10(a), (b) and (c) to work out whether the person has a partner income excess.

Step 4. If the requirements of paragraphs 1068G10(a), (b) and (c) are not satisfied then the person’s partner income excess is nil.

Step 5. If the requirements of paragraphs 1068G10(a), (b) and (c) are satisfied, the person’s partner income excess is the partner’s ordinary income less the partner income free area.

Step 6. Use the person’s partner income excess to work out the person’s partner income reduction using point 1068G11.

Step 7. Work out whether the person’s ordinary income exceeds the person’s ordinary income free area under point 1068G12.

 Note: A person’s ordinary income free area is the maximum amount of ordinary income the person may have without affecting the person’s benefit rate.

Step 8. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.

Step 9. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Step 10. Use the person’s ordinary income excess to work out the person’s ordinary income reduction using points 1068G14, 1068G15, 1068G16 and 1068G17.

Step 11. Add the person’s partner income reduction and ordinary income reduction: the result is the person’s income reduction referred to in Step 5 of point 1068A1.

Note 1: For ordinary income see section 8.

Note 2: See point 1068A1 (Steps 6 to 9) for the significance of the person’s income reduction.

Note 3: The application of the ordinary income test is affected by provisions concerning:

 the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);

 business income (sections 1074 and 1075);

 income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);

 income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);

 disposal of income (sections 1106 to 1111).

Ordinary income of members of certain couples

 1068G2 Subject to point 1068G3, if a person is a member of a couple and the person’s partner is receiving a social security pension, a service pension, income support supplement or a veteran payment, the person’s ordinary income is taken to be one half of the sum of:

 (a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and

 (b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.

Friendly society amounts

 1068G4 The ordinary income of a person to whom, or to whose partner, jobseeker payment is payable and who, or whose partner, is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act, is not to include any amount received by the person or partner from an approved friendly society in respect of the incapacity because of which the person or partner is not required to satisfy those employment pathway plan requirements.

Board and lodging

 1068G6 A person’s ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.

Lump sum payments arising from termination of employment

 1068G7 Subject to points 1068G7AF to 1068G7AR (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Directed termination payments excluded

 1068G7AF If:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer; and

 (c) the payment, or part of the payment, is a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997;

the payment, or that part, is to be disregarded in working out the ordinary income of the person for the purposes of Module G of section 1068.

Certain leave payments taken to be ordinary income—employment continuing

 1068G7AG If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain termination payments taken to be ordinary income

 1068G7AH If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

Exception to points 1068G7AG and 1068G7AH

 1068G7AI Point 1068G7AG or 1068G7AH does not apply in relation to a person’s entitlement referred to in paragraph 1068G7AG(c) or in relation to a person’s termination payment referred to in paragraph 1068G7AH(b) if:

 (a) the person makes a claim for jobseeker payment on or after the commencement of this point; and

 (b) the person makes the claim after the death of the person’s partner on or after the commencement of this point; and

 (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

 (d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

 (i) in the period of 14 weeks starting on the day of the death of the partner; or

 (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

  whichever ends later; and

 (e) the entitlement referred to in paragraph 1068G7AG(c) arose, or the termination payment referred to in paragraph 1068G7AH(b) was paid, in the period applicable under paragraph (c) or (d) of this point.

More than one termination payment on a day

 1068G7AJ If:

 (a) the person is covered by point 1068G7AH; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1068G7AK If the person is covered by point 1068G7AG, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1068G7AKA Subject to point 1068G7AKC, if the person is covered by point 1068G7AH, the income maintenance period starts, subject to point 1068G7AKB, on the day the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1068G7AKB If a person who is covered by point 1068G7AH is subject to an income maintenance period (the first period) and the person is paid another termination payment during that period (the second leave payment), the income maintenance period for the second termination payment commences the day after the end of the first period.

Start of income maintenance period where liquid assets test waiting period applies

 1068G7AKC If a person to whom point 1068G7AKA applies is subject to a liquid assets test waiting period, the income maintenance period is taken to have started on the day on which the liquid assets test waiting period started.

Leave payments or termination payments in respect of periods longer than a fortnight

 1068G7AL If:

 (a) a person receives a leave payment or termination payment; and

 (b) the payment is in respect of a period greater than a fortnight;

the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:

 (c) dividing the amount received by the number of days in the period to which the payment relates (the daily rate); and

 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1068G7AM If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the payment or allowance claimed may not be payable to the person; or

(b) the amount of the payment or allowance payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1068G7AN For the purposes of points 1068G7AF to 1068G7AM (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if the payment is made to another person:

 (a) at the direction of the first person or a court; or

 (b) on behalf of the first person; or

 (c) for the benefit of the first person; or

 (d) the first person waives or assigns the first person’s right to receive the payment.

Single payment in respect of different kinds of termination payments

 1068G7AP If a person who is covered by point 1068G7AH receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1068G7AG to 1068G7AN (inclusive), each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment and the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1068G7AQ In points 1068G7AG to 1068G7AP (inclusive):

payment fortnight means a fortnight in respect of which a jobseeker payment is paid, or would be paid, apart from the application of an income maintenance period, to a person.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice, but does not include a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

 1068G7AR In points 1068G7AG to 1068G7AQ (inclusive):

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

Ordinary income generally taken into account when first earned, derived or received

 1068G7A Subject to points 1068G7B, 1068G7C, 1068G8 and 1068G8A and sections 1072A and 1073, ordinary income (except employment income) is to be taken into account in the fortnight in which it is first earned, derived or received.

Note: See Division 1AA of Part 3.10 for the treatment of employment income.

Claimant or recipient receives lump sum amount for remunerative work

 1068G7B If a person whose claim for a payment or an allowance has been granted receives a lump sum amount after the claim was made that:

 (a) is paid to him or her in relation to remunerative work; and

 (b) is not a payment to which point 1068G8 applies; and

 (c) is not an exempt lump sum; and

 (d) is not employment income;

the person is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.

Partner of claimant or recipient receives lump sum amount for remunerative work

 1068G7C If:

 (a) a person whose claim for a payment or an allowance has been granted is a member of a couple; and

 (b) after the person has made the claim, the person’s partner receives a lump sum amount that:

 (i) is paid to him or her in relation to remunerative work; and

 (ii) is not a payment to which point 1068G8 applies; and

 (iii) is not an exempt lump sum; and

 (iv) is not employment income;

the partner is, for the purposes of this Module, taken to receive one fiftysecond of that amount as ordinary income during each week in the 12 months commencing on the day on which the partner becomes entitled to receive that amount.

Reference to payment or allowance

 1068G7D A reference in point 1068G7B or 1068G7C to a payment or an allowance is a reference to a payment or an allowance the rate of which is calculated under this Rate Calculator.

Operation of points 1068G7B and 1068G7C

 1068G7E Points 1068G7B and 1068G7C have effect even if the person who has made the claim:

 (a) has to serve an ordinary waiting period or a liquid assets test waiting period in respect of the payment or allowance claimed; or

 (b) is subject to an income maintenance period in respect of the payment or allowance claimed; or

 (c) is subject to a seasonal work preclusion period;

during the period of 12 months referred to in those points.

Ordinary income received at intervals longer than one fortnight

 1068G8 Subject to points 1068G7AF to 1068G7AR (inclusive), if:

 (a) a person receives a number of payments of ordinary income (except employment income); and

 (b) each payment is in respect of a period (in this point called the work period) that is greater than a fortnight; and

 (c) there is reasonable predictability or regularity as to the timing of the payments; and

 (d) there is reasonable predictability as to the quantum of the payments;

the person is taken to receive in a fortnight falling within, or overlapping with, a work period an amount calculated by:

 (e) dividing the amount received by the number of days in the work period (the result is called the daily rate); and

 (f) multiplying the daily rate by the number of days in the fortnight that are also within the work period.

Payment of arrears of periodic compensation payments

 1068G8A If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving jobseeker payment; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:

 (c) dividing the amount received by the number of days in the periodic payments period (the result is called the daily rate); and

 (d) multiplying the daily rate by the number of days in the fortnight that are also within the periodic payments period.

Note: For periodic payments period see section 17.

Partner income free area

 1068G9 The partner income free area for a person is:

 (a) if the person’s partner is not receiving a social security benefit and has not turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking fulltime study (see section 541B); or

 (b) if the person’s partner is not receiving a social security benefit and has turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which jobseeker payment would not be payable to the partner if the partner were qualified for a jobseeker payment; or

 (c) if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

 1068G9A For the purposes of paragraph 1068G9(a), disregard steps 2, 2A and 3 of the method statement in point 1067GA1.

 1068G9B For the purposes of paragraph 1068G9(b), disregard steps 2 and 3 of the method statement in point 1068A1.

Partner income excess

 1068G10 If:

 (a) a person is a member of a couple; and

 (b) the person’s partner is not receiving a social security pension, a service pension, income support supplement or a veteran payment; and

 (c) the partner’s ordinary income exceeds the partner income free area for the partner;

then:

 (d) the person has a partner income excess; and

 (e) the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area.

Partner income reduction

 1068G11 If a person has a partner income excess, the person’s partner income reduction is an amount equal to 60% of the part of the partner’s ordinary income that exceeds the partner income free area.

Example: 

Facts: Susan’s partner Colin has an ordinary income of $800. Assume that the partner income free area under point 1068G9 is $640.

Application: Colin’s ordinary income exceeds the partner income free area. He therefore has a partner income excess under point 1068G10 of:

Start formula $800 minus $640 equals $160 end formula

 Susan’s partner income reduction under point 1068G11 is therefore:

Start formula 60% times $160 equals $96 end formula

Ordinary income free area

 1068G12 A person’s ordinary income free area is $150.

Note: The income free area is used in the ordinary income test in relation to fortnightly income.

Ordinary income excess

 1068G13 If a person’s ordinary income exceeds the person’s ordinary income free area:

 (a) the person has an ordinary income excess; and

 (b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.

Ordinary income reduction—general

 1068G14 Subject to point 1068G17, if a person has an ordinary income excess, the person’s ordinary income reduction is the sum of:

 (a) the person’s lower range reduction (see point 1068G15); and

 (b) the person’s upper range reduction (if any) (see point 1068G16).

Lower range reduction

 1068G15 The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed $106.

Upper range reduction

 1068G16 The person’s upper range reduction is an amount equal to 60% of the part (if any) of the person’s ordinary income excess that exceeds $106.

Ordinary income reduction for certain recipients of jobseeker payment

 1068G17 If:

 (a) a person has an ordinary income excess; and

 (b) the person is receiving jobseeker payment; and

 (c) the person is not a member of a couple; and

 (d) the person is the principal carer of a child;

the person’s ordinary income reduction is an amount equal to 40% of the person’s ordinary income excess.

Remote area allowance—person physically in remote area

 1068J1 An amount by way of remote area allowance is to be added to a person’s rate if:

 (aa) any of the following subparagraphs applies:

 (i) apart from this point, the person’s rate would be greater than nil;

 (ii) apart from this point, the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act;

 (iii) apart from this point, the person’s rate would be nil merely because an election by the person under subsection 1061VA(1) is in force;

 (iv) apart from this point, the person’s rate would be nil merely because of both of the matters mentioned in subparagraphs (ii) and (iii); and

 (a) the person’s usual place of residence is situated in the remote area; and

 (b) the person is physically present in the remote area.

Note 1: For remote area see subsection 14(1).

Note 2: A person may be considered to be physically present in a remote area during temporary absences—see subsection 14(2).

Rate of remote area allowance

 1068J3 The rate of remote area allowance payable to a person is worked out using Table J. Work out which family situation in the Table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus an additional corresponding amount in column 4 for each FTB child, and regular care child, of the person.

 

Table J

Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance

Column 4

Additional allowance for each FTB child and regular care child

1.

Not member of couple

$18.20

$7.30

2.

Partnered

$15.60

$7.30

3.

Member of illness separated couple

$18.20

$7.30

5.

Partnered (partner in gaol)

$18.20

$7.30

Meaning of remote area allowance

 1068J4 In Table J, remote area allowance means:

 (a) an amount added to a person’s social security pension or benefit by way of remote area allowance; or

 (b) a remote area allowance payable under point SCH6G1 of the VEA.

In remote area

 1068J5 For the purposes of Table J in point 1068J3, a person is in the remote area if:

 (a) the person’s usual place of residence is in the remote area; and

 (b) the person is physically present in the remote area.

Special rule where partner has an FTB or regular care child but is not receiving a pension

 1068J7 If:

 (a) a person who is a member of a couple is qualified for an amount by way of additional allowance; and

 (b) the person’s partner is not receiving a pension or benefit; and

 (c) the person’s partner has an FTB child or a regular care child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1068J8 If:

 (a) a person who is a member of a couple is qualified for an amount by way of remote area allowance; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving additional allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1068J9 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

 (1) If a person is not a member of a couple, the person’s rate of parenting payment is the pension PP (single) rate.

 (2) The pension PP (single) rate is worked out in accordance with the rate calculator at the end of this section.

Note: For rate of a person who is a member of a couple see section 1068B.

 (3) If:

 (a) a person has a relationship with another person, whether of the same sex or a different sex (the other person); and

 (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A)); and

 (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living;

the person’s pension PP (single) rate is not to exceed the benefit PP (partnered) rate which would be payable to the person if the other person were the person’s partner.

Method of calculating rate

 1068AA1 The rate of pension PP (single) is a daily rate. That rate is worked out by dividing the annual rate calculated according to this Rate Calculator by 364 (fortnightly rates are provided for information only).

Method statement

Step 1. Work out the person’s maximum basic rate using Module B below.

Step 1A. Work out the amount of pension supplement using Module BA below.

Step 1B. Work out the energy supplement (if any) using Module BB below.

Step 2. Work out the amount per year (if any) of pharmaceutical allowance using Module C below.

Step 3. Work out the amount per year (if any) for rent assistance in accordance with paragraph 1070A(b).

Step 4. Add up the amounts obtained in Steps 1, 1A, 1B, 2 and 3: the result is called the maximum payment rate.

Step 5. Apply the ordinary income test using Module E below to work out the income reduction.

Step 6. Take the income reduction away from the maximum payment rate: the result is called the provisional annual payment rate.

Step 7. The rate of pension PP (single) is the amount obtained by:

 (a) subtracting from the provisional annual payment rate any special employment advance deduction (see Part 3.16B); and

 (b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and

 (c) adding any amount payable by way of remote area allowance (see Module F).

Note 1: If a person’s rate is reduced under Step 6, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1210.

Note 2: In some circumstances a person may also be qualified for a pharmaceutical allowance under Part 2.22.

Note 3: An amount of remote area allowance is to be added under Step 7 only if the person’s provisional payment rate under Step 6 is greater than nil.

Maximum basic rate

 1068AB1 A person’s maximum basic rate is $21,470.80 per year ($825.80 per fortnight).

Note: The maximum basic rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Pension supplement

 1068ABA1 A pension supplement amount is to be added to the person’s maximum basic rate.

Residents of pension age who are in Australia etc.

 1068ABA2 If the person is residing in Australia, has reached pension age and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks;

the person’s pension supplement amount is:

 (c) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068ABA4; and

 (d) otherwise—the amount worked out under point 1068ABA3.

Residents of pension age in Australia etc.—no election in force

 1068ABA3 The person’s pension supplement amount is the amount worked out by:

 (a) working out 66.33% of the combined couple rate of pension supplement; and

 (b) if the result is not a multiple of $2.60, rounding the result up or down to the nearest multiple of $2.60 (rounding up if the result is not a multiple of $2.60 but is a multiple of $1.30).

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Residents of pension age in Australia etc.—election in force

 1068ABA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1068ABA3 as if the election were not in force;

 (b) from that amount, subtract the person’s minimum pension supplement amount.

Other persons

 1068ABA5 If the person is not covered by point 1068ABA2, the person’s pension supplement amount is the person’s pension supplement basic amount.

 1068ABB1 An energy supplement is to be added to the person’s (the recipient’s) maximum basic rate if the recipient is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the recipient.

Note: Section 918 may affect the addition of the energy supplement.

Recipient has reached pension age

 1068ABB2 If the recipient has reached pension age, the recipient’s energy supplement is $366.60.

Recipient has not reached pension age

 1068ABB3 If the recipient has not reached pension age, the recipient’s energy supplement is $312.00.

Qualification for pharmaceutical allowance

 1068AC1 Subject to points 1068AC1A, 1068AC2, 1068AC3 and 1068AC5, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if the person is an Australian resident.

No pharmaceutical allowance if person has reached pension age

 1068AC1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person has reached pension age.

No pharmaceutical allowance if person receiving certain supplements under other Acts

 1068AC2 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving:

 (a) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019.

No pharmaceutical allowance before advance payment period ends

 1068AC3 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and

 (b) the person’s advance payment period has not ended.

Note: For advance payment period see point 1068AC4.

Advance payment period

 1068AC4(1) A person’s advance payment period starts on the day on which the advance pharmaceutical allowance is paid to the person.

 (2) The period ends after the number of paydays worked out using the following formula have passed:

Start formula start fraction Amount of advance times 26 over Pharmaceutical allowance rate end fraction end formula

where:

amount of advance is the amount of the advance paid to the person.

pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the person’s rate of pension PP (single) on the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

 1068AC5 Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

 (a) the person has received an advance pharmaceutical allowance during the current calendar year; and

 (b) the total amount paid to the person for that year by way of:

 (i) pharmaceutical allowance; and

 (ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (7).

Note 2: The annual limit is affected by the following:

(a) how long during the calendar year the person was on pension or benefit;

(b) the rate of pharmaceutical allowance the person attracts at various times depending on the person’s family situation.

Amount of pharmaceutical allowance

 1068AC7 The amount of pharmaceutical allowance is $140.40 per year ($5.40 per fortnight).

Note: The annual amount is adjusted annually in line with CPI increases (see section 1206A).

Effect of income on maximum payment rate

 1068AE1 This is how to work out the effect of a person’s ordinary income on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a yearly basis.

Step 2. Work out the person’s ordinary income free area (see points 1068AE14 to 1068AE18 below).

 Note: A person’s ordinary income free area is the amount of ordinary income that the person can have without any deduction being made from the person’s maximum payment rate.

Step 3. Work out whether the person’s ordinary income exceeds the person’s ordinary income free area.

Step 4. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.

Step 5. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Step 6. Use the person’s ordinary income excess to work out the person’s reduction for ordinary income using points 1068AE19 and 1068AE20 below.

Note 1: See point 1068AA1 (Steps 5 and 6) for the significance of the person’s reduction for ordinary income.

Note 2: The application of the ordinary income test is affected by provisions concerning the following:

(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);

(b) business income (sections 1074 and 1075);

(c) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);

(d) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);

(e) disposal of income (sections 1106 to 1111).

Directed termination payments excluded

 1068AE2 If:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer; and

 (c) the payment, or part of the payment, is a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997;

the payment, or that part, is to be disregarded in working out the ordinary income of the person for the purposes of this Module.

Certain leave payments taken to be ordinary income—employment continuing

 1068AE3 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of the leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain termination payments taken to be ordinary income

 1068AE4 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day

 1068AE5 If:

 (a) the person is covered by point 1068AE4; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1068AE6 If the person is covered by point 1068AE3, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1068AE7 If the person is covered by point 1068AE4, the income maintenance period starts, subject to point 1068AE8, on the day the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1068AE8 If a person who is covered by point 1068AE4 is subject to an income maintenance period (the first period) and the person is paid another termination payment during that period (the second leave payment), the income maintenance period for the second termination payment commences on the day after the end of the first period.

 1068AE9 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the pension PP (single) claimed may not be payable to the person; or

(b) the amount of the pension PP (single) payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1068AE10 For the purposes of points 1068AE2 to 1068AE9 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if the payment is made to another person:

 (a) at the direction of the first person or a court; or

 (b) on behalf of the first person; or

 (c) for the benefit of the first person; or

the first person waives or assigns the first person’s right to receive the payment.

Single payment in respect of different kinds of termination payments

 1068AE11 If a person who is covered by point 1068AE4 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1068AE3 to 1068AE10 (inclusive), each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment and the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1068AE12 In points 1068AE3 to 1068AE12 (inclusive):

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice, but does not include a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Payment of arrears of periodic compensation payments

 1068AE13 If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected payment; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive, on each day in the periodic payments period, an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: For compensation affected payment and periodic payments period see section 17.

How to calculate a person’s ordinary income free area

 1068AE14 A person’s ordinary income free area is worked out using Table E. The ordinary income free area is the amount in Column 2 plus the additional amount in Column 4 for each dependent child of the person.

 

Table E—Ordinary income free area

Column 1

Item

Column 2

Basic free area per year

Column 3

Basic free area per fortnight

Column 4

Additional free area per year

Column 5

Additional free area per fortnight

1

$2,600

$100

$639.60

$24.60

Note 1: For dependent child see section 5 and point 1068AE21.

Note 2: The basic free area per year is indexed annually in line with CPI increases (see sections 1191 to 1194).

No additional free area for certain prescribed student children

 1068AE15 No additional free area is to be added for a dependent child who:

 (a) has turned 18; and

 (b) is a prescribed student child;

unless the person whose rate is being calculated receives carer allowance for the child.

Reduction of additional free area for dependent children

 1068AE16 The additional free area for a dependent child is reduced by the annual amount of any payment received by the person for or in respect of that particular child. The payments referred to in point 1068AE17 do not result in a reduction.

Payments that do not reduce additional free area

 1068AE17 No reduction is to be made under point 1068AE16 for a payment:

 (a) under this Act; or

 (b) of maintenance income; or

 (c) under the Veterans’ Entitlements Act; or

 (d) under an Aboriginal study assistance scheme; or

 (e) under the Assistance for Isolated Children Scheme.

Note: For Aboriginal study assistance scheme see subsection 23(1).

Examples of payments reducing additional free area

 1068AE18 Examples of the kinds of payments that result in a reduction under point 1068AE16 are:

 (a) amounts received from State authorities or registered public benevolent institutions in respect of the boarding out of the child; or

 (b) amounts of superannuation or compensation paid in respect of the child; or

 (c) amounts (other than amounts covered by point 1068AE17) paid in respect of the child under educational schemes; or

 (d) foster care allowance payments made by a State welfare authority.

Ordinary income excess

 1068AE19 A person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Reduction for ordinary income

 1068AE20 A person’s reduction for ordinary income is:

Start formula Ordinary income excess times 0.4 end formula

 1068AE21 In this Module:

dependent child, in relation to a person, includes any child of the person who is under 18 and is receiving a youth allowance.

Remote area allowance

 1068AF1 An amount by way of remote area allowance is to be added to a person’s rate if:

 (a) any of the following subparagraphs applies:

 (i) apart from this point, the person’s rate would be greater than nil;

 (ii) apart from this point, the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act;

 (iii) apart from this point, the person’s rate would be nil merely because an election by the person under subsection 1061VA(1) is in force;

 (iv) apart from this point, the person’s rate would be nil merely because of both of the matters mentioned in subparagraphs (ii) and (iii); and

 (b) the person’s usual place of residence is situated in a remote area; and

 (c) the person is physically present in the remote area.

Note: For remote area and physically present in the remote area see section 14.

Rate of remote area allowance

 1068AF2 The rate of remote area allowance payable to a person is worked out using Table F. The rate of remote area allowance is the amount in Column 2 plus the additional corresponding amount in Column 4 for each FTB child, and each regular care child, of the person.

 

Table F—Remote area allowance

Column 1

Item

Column 2

Basic allowance per year

Column 3

Basic allowance per fortnight

Column 4

Additional allowance per year

Column 5

Additional allowance per fortnight

1

$473.20

$18.20

$189.80

$7.30

 (1) If a person is a member of a couple, the person’s rate of parenting payment is the benefit PP (partnered) rate.

 (2) The benefit PP (partnered) rate is worked out in accordance with the rate calculator at the end of this section.

Note: For member of a couple see section 4.

Method of calculating rate—general

 1068BA1 The rate of benefit PP (partnered) is a daily rate. That rate is worked out by dividing the fortnightly rate calculated according to this Rate Calculator by 14. There are 2 ways of working out the fortnightly rate:

 (a) one for a person who is not a partner of a nonindependent YA recipient (see point 1068BA2); and

 (b) one for a person who is a partner of a nonindependent YA recipient (see point 1068BA3).

Note: For partner of a nonindependent YA recipient see subsection 23(1).

Method of calculating rate for person who is not a partner of a nonindependent YA recipient

 1068BA2 If a person is not the partner of a nonindependent YA recipient, the fortnightly rate of benefit PP (partnered) for the person is worked out as follows:

Method statement

Step 1. Work out the person’s maximum basic rate using Module C below.

Step 2. Work out the amount per fortnight (if any) of rent assistance in accordance with paragraph 1070A(a).

Step 2A. Work out the pension supplement amount (if any) using Module DA below.

Step 2B. Work out the energy supplement (if any) using Module DB below.

Step 3. Work out the amount per fortnight (if any) of pharmaceutical allowance using Module E below.

Step 4. Add up the amounts obtained in steps 1 to 3: the result is called the maximum payment rate.

Step 5. Apply the income test using Module D below to work out the person’s income reduction.

Step 6. Take the income reduction away from the maximum payment rate: the result is called the provisional payment rate.

Step 7. The rate of benefit PP (partnered) is the difference between:

 (a) the provisional payment rate; and

 (b) any advance payment deduction (see Part 3.16A);

 plus any amount by way of remote area allowance that, under Module G, is to be added to the person’s rate of benefit PP (partnered).

Note 1: For partner of a nonindependent YA recipient see subsection 23(1).

Note 2: If a person’s rate is reduced under step 6, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1210 (maximum basic rate first, then rent assistance).

Method of calculating rate for partner of a nonindependent YA recipient

 1068BA3 If a person is the partner of a nonindependent YA recipient, the fortnightly rate of benefit PP (partnered) for the person is worked out as follows:

Method statement

Step 1. Work out the person’s maximum basic rate using Module C below.

Step 2. Work out the amount per fortnight (if any) of rent assistance in accordance with paragraph 1070A(a).

Step 2A. Work out the pension supplement amount (if any) using Module DA below.

Step 2B. Work out the energy supplement (if any) using Module DB below.

Step 3. Work out the amount per fortnight (if any) of pharmaceutical allowance using Module E below.

Step 4. Add up the amounts obtained in steps 1 to 3: the result is called the maximum payment rate.

Step 5. Apply the income test using Module E of the Rate Calculator in section 1068A to work out the person’s income reduction.

Step 6. Take the income reduction away from the maximum payment rate: the rate is called the provisional payment rate.

Step 7. The rate of benefit is the difference between:

 (a) the provisional payment rate; and

 (b) any advance payment deduction (see Part 3.16A);

 plus any amount by way of remote area allowance that, under Module G, is to be added to the person’s rate of benefit PP (partnered).

Note 1: For partner of a nonindependent YA recipient see subsection 23(1).

Note 2: If a person’s rate is reduced under step 6, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by section 1210 (maximum basic rate first, then rent assistance).

Maximum basic rate

 1068BC2 A person’s maximum basic rate is worked out using Table C. Work out the person’s family situation. The maximum basic rate is the corresponding amount in Column 3.

 

Table C—Maximum basic rates

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate

1

Person not covered by item 2, 3 or 4

$671.20

2

Member of illness separated couple

$785.20

3

Member of respite care couple

$785.20

4

Partnered (partner in gaol)

$785.20

Note 1: For illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The rates are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Effect of income on maximum payment rate

 1068BD1 This is how to work out the effect of a person’s ordinary income, and the ordinary income of the person’s partner, on the person’s maximum payment rate:

Method statement

Step 1. Work out the amount of the person’s ordinary income on a fortnightly basis.

 Note: The amount of the person’s ordinary income is affected by points 1068BD2 to 1068BD21.

Step 2. Work out the partner income free area using point 1068BD22.

 Note: The partner income free area is the maximum amount of ordinary income the person’s partner can have without affecting the person’s rate.

Step 3. Use point 1068BD23 to work out the person’s partner income excess.

Step 4. Use the person’s partner income excess to work out the person’s partner income reduction using point 1068BD24.

Step 5. Work out whether the person’s ordinary income exceeds the person’s ordinary income free area (see point 1068BD27).

 Note: A person’s ordinary income free area is the maximum amount of ordinary income the person can have without affecting the person’s rate.

Step 6. If the person’s ordinary income does not exceed the person’s ordinary income free area, the person’s ordinary income excess is nil.

Step 7. If the person’s ordinary income exceeds the person’s ordinary income free area, the person’s ordinary income excess is the person’s ordinary income less the person’s ordinary income free area.

Step 8. Use the person’s ordinary income excess to work out the person’s ordinary income reduction using points 1068BD29 to 1068BD31.

Step 9. Add the person’s ordinary income reduction and partner income reduction: the result is the person’s income reduction referred to in step 5 of the method statement in point 1068BA2.

Note 1: For ordinary income see section 8.

Note 2: See point 1068BA2 (step 6) for the significance of the person’s income reduction.

Note 3: The application of the ordinary income test is affected by provisions concerning the following:

(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);

(b) business income (sections 1074 and 1075);

(c) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);

(d) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);

(e) disposal of income (sections 1106 to 1111).

Ordinary income of members of certain couples

 1068BD2 If a person’s partner is receiving a social security pension, a service pension, income support supplement or a veteran payment, the person’s ordinary income is taken to be one half of the sum of:

 (a) the amount that would be the person’s ordinary income if he or she were not a member of a couple; and

 (b) the amount that would be the ordinary income of the person’s partner if the partner were not a member of a couple.

Board and lodging

 1068BD6 A person’s ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.

Lump sum payments arising from termination of employment

 1068BD7 Subject to points 1068BD8 to 1068BD18 (inclusive), if:

 (a) a person’s employment has been terminated; and

 (b) as a result, the person is entitled to a lump sum payment from the person’s former employer;

the person is taken to have received the lump sum payment on the day on which the person’s employment was terminated.

Directed termination payments excluded

 1068BD8 If:

 (a) a person’s employment has been terminated; and

 (b) as a result the person is entitled to a lump sum payment from the person’s former employer; and

 (c) the payment, or part of the payment, is a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997;

the payment, or that part, is to be disregarded in working out the ordinary income of the person for the purposes of this Module.

Certain leave payments taken to be ordinary income—employment continuing

 1068BD9 If:

 (a) a person is employed; and

 (b) the person is on leave for a period; and

 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of the leave period;

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain termination payments taken to be ordinary income

 1068BD10 If:

 (a) a person’s employment has been terminated; and

 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);

the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day

 1068BD11 If:

 (a) the person is covered by point 1068BD10; and

 (b) the person receives more than one termination payment on a day;

the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing

 1068BD12 If the person is covered by point 1068BD9, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated

 1068BD13 If the person is covered by point 1068BD10, the income maintenance period starts, subject to point 1068BD14, on the day the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1068BD14 If a person who is covered by point 1068BD10 is subject to an income maintenance period (the first period) and the person is paid another termination payment during that period (the second leave payment), the income maintenance period for the second termination payment commences the day after the end of the first period.

 1068BD15 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the benefit PP (partnered) claimed may not be payable to the person; or

(b) the amount of the benefit PP (partnered) payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1068BD16 For the purposes of points 1068BD8 to 1068BD15 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if the payment is made to another person:

 (a) at the direction of the first person or a court; or

 (b) on behalf of the first person; or

 (c) for the benefit of the first person; or

the first person waives or assigns the first person’s right to receive the payment.

Single payment in respect of different kinds of termination payments

 1068BD17 If a person who is covered by point 1068BD10 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1068BD9 to 1068BD16 (inclusive), each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment and the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions

 1068BD18 In points 1068BD9 to 1068BD18 (inclusive):

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

period to which the payment relates means:

 (a) if the payment is a leave payment—the leave period to which the payment relates; or

 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or

 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:

 (i) the person’s employment had continued; and

 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment includes a payment in lieu of notice, but does not include a directed termination payment within the meaning of section 8210F of the Income Tax (Transitional Provisions) Act 1997.

termination payment includes:

 (a) a redundancy payment; and

 (b) a leave payment relating to a person’s employment that has been terminated; and

 (c) any other payment that is connected with the termination of a person’s employment.

Period over which ordinary income taken into account

 1068BD19 Subject to points 1068BD8 to 1068BD18 (inclusive), a person’s ordinary income (except employment income) is to be taken into account over such period, not exceeding 52 weeks, as the Secretary determines.

Note 1: This point, in conjunction with point 1068BD20, enables the Secretary to determine the person’s fortnightly income amount that best represents the person’s income situation.

Note 2: See Division 1AA of Part 3.10 for the treatment of employment income.

Fortnightly rate of ordinary income

 1068BD20 For the purposes of this Module, the person’s ordinary income (except employment income) for such a period is to be reduced to a fortnightly rate rounded to the nearest cent (rounding 0.5 cents downwards).

Payment of arrears of periodic compensation payments

 1068BD21 If:

 (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected payment; and

 (b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;

the person is taken to receive, on each day in the periodic payments period, an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: For compensation affected payment and periodic payments period see section 17.

Partner income free area

 1068BD22 The partner income free area for a person is:

 (a) if the person’s partner is not receiving a social security benefit and has not turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking fulltime study (see section 541B); or

 (b) if the person’s partner is not receiving a social security benefit and has turned 22—the amount of income of the partner (rounded up to the nearest dollar) beyond which jobseeker payment would not be payable to the partner if the partner were qualified for a jobseeker payment; or

 (c) if the person’s partner is receiving a social security benefit—the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.

 1068BD22A For the purposes of paragraph 1068BD22(a), disregard steps 2, 2A and 3 of the method statement in point 1067GA1.

 1068BD22B For the purposes of paragraph 1068BD22(b), disregard steps 2 and 3 of the method statement in point 1068A1.

Partner income excess

 1068BD23 If:

 (b) the person’s partner is not receiving a social security pension, a service pension, income support supplement or a veteran payment; and

 (c) the partner’s ordinary income exceeds the partner income free area for the partner;

the person’s partner income excess is the amount by which the partner’s ordinary income exceeds the partner income free area. Otherwise, the person’s partner income excess is nil.

Partner income reduction

 1068BD24 If a person has a partner income excess, the person’s partner income reduction is an amount equal to 60% of the part of the partner’s ordinary income that exceeds the partner income free area.

Ordinary income free area

 1068BD27 A person’s ordinary income free area is $150.

Note: The income free area is used in the ordinary income test in relation to fortnightly income.

Ordinary income excess

 1068BD28 If a person’s ordinary income exceeds the person’s ordinary income free area:

 (a) the person has an ordinary income excess; and

 (b) the person’s ordinary income excess is the amount by which the person’s ordinary income exceeds the person’s ordinary income free area.

Ordinary income reduction

 1068BD29 If a person has an ordinary income excess, the person’s ordinary income reduction is the sum of:

 (a) the person’s lower range reduction (see point 1068BD30); and

 (b) the person’s upper range reduction (if any) (see point 1068BD31).

Lower range reduction

 1068BD30 The person’s lower range reduction is an amount equal to 50% of the part of the person’s ordinary income excess that does not exceed $106.

Upper range reduction

 1068BD31 The person’s upper range reduction is an amount equal to 60% of the part (if any) of the person’s ordinary income excess that exceeds $106.

Pension supplement

 1068BDA1 A pension supplement amount is to be added to the person’s maximum basic rate if the person is residing in Australia, has reached pension age and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

 1068BDA2 The person’s pension supplement amount is:

 (a) if an election by the person under subsection 1061VA(1) is in force—the amount worked out under point 1068BDA4; and

 (b) otherwise—the amount worked out under point 1068BDA3.

Amount if no election in force

 1068BDA3 The person’s pension supplement amount is the amount worked out by:

 (a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and

 (b) dividing the result by 26; and

 (c) if:

 (i) the person is not partnered; and

 (ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;

  rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).

 

Item

Person’s family situation

Use this %

1

Partnered

50%

2

Member of illness separated couple

66.33%

3

Member of respite care couple

66.33%

4

Partnered (partner in gaol)

66.33%

Note: For combined couple rate of pension supplement, see subsection 20A(1).

Amount if election in force

 1068BDA4 The person’s pension supplement amount is the amount worked out as follows:

 (a) work out the amount for the person under point 1068BDA3 as if the election were not in force;

 (b) from that amount, subtract 1/26 of the person’s minimum pension supplement amount.

 1068BDB1 An energy supplement is to be added to the person’s (the recipient’s) maximum basic rate if the recipient is residing in Australia and:

 (a) is in Australia; or

 (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

However, this Module does not apply if quarterly energy supplement is payable to the recipient.

Note: Section 918 may affect the addition of the energy supplement.

Recipient has reached pension age

 1068BDB2 If the recipient has reached pension age, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation

Amount of energy supplement

1

Partnered

$10.60

2

Member of an illness separated couple

$14.10

3

Member of a respite care couple

$14.10

4

Partnered (partner in gaol)

$14.10

Recipient has not reached pension age

 1068BDB3 If the recipient has not reached pension age, the recipient’s energy supplement is the amount worked out using the following table:

 

Energy supplement

Item

Recipient’s family situation for maximum basic rate

Amount of energy supplement

1

If the recipient’s maximum basic rate is worked out under item 1 of the table in point 1068BC2

$7.90

2

If the recipient’s maximum basic rate is worked out under item 2, 3 or 4 of the table in point 1068BC2

$9.50

Qualification for pharmaceutical allowance

 1068BE1 Subject to points 1068BE1A, 1068BE2, 1068BE3, 1068BE4 and 1068BE6, an additional amount by way of pharmaceutical allowance is to be included in a person’s maximum payment rate in points 1068BA2 and 1068BA3 if:

 (b) the person is an Australian resident, or has a qualifying residence exemption for parenting payment; and

 (d) one or more of the following applies:

 (i) the person has turned 55, and has been receiving income support payments in respect of a continuous period of at least 9 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph);

 (ii) the person is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act;

 (iii) the person has a partial capacity to work.

Note 1: For income support payment see subsection 23(1).

Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

Note 3: For Australian resident and qualifying residence exemption see section 7.

Note 4: For partial capacity to work see section 16B.

No pharmaceutical allowance if person receiving pension supplement

 1068BE1A Pharmaceutical allowance is not to be added to a person’s maximum basic rate if a pension supplement amount has been added to that rate.

No pharmaceutical allowance if person receiving certain supplements under other Acts

 1068BE2 Pharmaceutical allowance is not to be included in a person’s maximum basic rate if the person is receiving:

 (a) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (b) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (c) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (d) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019.

No pharmaceutical allowance if partner receiving certain supplements under other Acts

 1068BE3 Pharmaceutical allowance is not to be included in a person’s maximum basic rate if:

 (a) the person is a member of a couple; and

 (b) the person’s partner is receiving:

 (i) veterans supplement under section 118A of the Veterans’ Entitlements Act; or

 (ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or

 (iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006; or

 (iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019; and

 (c) the person’s partner is not receiving a service pension or a veteran payment.

No pharmaceutical allowance before advance payment period ends

 1068BE4 Pharmaceutical allowance is not to be included in a person’s provisional payment rate if:

 (a) the person has received an advance pharmaceutical allowance under Part 2.23 of this Act; and

 (b) the person’s advance payment period has not ended.

Note: For advance payment period see point 1068BE5.

Advance payment period

 1068BE5(1) A person’s advance payment period starts on the day on which the advance pharmaceutical allowance is paid to the person.

 1068BE5(2) The period ends after the number of paydays worked out using the following formula have passed:

Start formula start fraction Amount of advance times 26 over Pharmaceutical allowance rate end fraction end formula

where:

amount of advance is the amount of the advance paid to the person.

pharmaceutical allowance rate is the fortnightly amount of pharmaceutical allowance which would be included in the person’s maximum payment rate in working out the benefit PP (partnered) instalment for the day on which the advance is paid if parenting payment were payable to the person and pharmaceutical allowance were to be included in the person’s maximum payment rate. (The person’s maximum payment rate is the maximum payment rate at step 4 of whichever of the method statements in points 1068BA2 and 1068BA3 is applicable to the person.)

Note: The person may have commenced receiving parenting payment after having been a pension recipient and have received an advance while a pension recipient.

No pharmaceutical allowance if annual limit reached

 1068BE6 Pharmaceutical allowance is not to be included in a person’s provisional payment rate if:

 (a) the person has received an advance pharmaceutical allowance during the current calendar year; and

 (b) the total amount paid to the person for that year by way of:

 (i) pharmaceutical allowance; and

 (ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 1: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (7).

Note 2: The annual limit is affected by:

(a) how long during the calendar year the person was on pension or benefit; and

(b) whether the person’s rate of pharmaceutical allowance varies during the calendar year.

Amount of pharmaceutical allowance

 1068BE8 The amount of pharmaceutical allowance is the amount per fortnight worked out using Table E.

 

Table E—Pharmaceutical allowance amounts

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per fortnight

1

Person not covered by item 2, 3, 4 or 5

$2.70

2

Member of illness separated couple

$5.40

3

Member of respite care couple

$5.40

4

Partnered (partner getting service pension)

$2.70

5

Partnered (partner in gaol)

$5.40

Note 1: For illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts in Column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1206A).

Remote area allowance—person physically in remote area

 1068BG1 An amount by way of remote area allowance is to be added in step 7 of the method statements in points 1068BA2 and 1068BA3 to a person’s rate of benefit PP (partnered) if:

 (b) any of the following subparagraphs applies:

 (i) apart from this point, the person’s rate of benefit PP (partnered) would be greater than nil;

 (ii) apart from this point, the person’s rate of benefit PP (partnered) would be nil merely because an advance pharmaceutical allowance has been paid to the person under Part 2.23 of this Act;

 (iii) apart from this point, the person’s rate of benefit PP (partnered) would be nil merely because an election by the person under subsection 1061VA(1) is in force;

 (iv) apart from this point, the person’s rate of benefit PP (partnered) would be nil merely because of both of the matters mentioned in subparagraphs (ii) and (iii); and

 (c) the person’s usual place of residence is in a remote area; and

 (d) the person is physically present in the remote area.

Note 1: For remote area see subsection 14(1).

Note 2: A person may be considered to be physically present in a remote area during temporary absences—see subsection 14(2).

Rate of remote area allowance

 1068BG2 The rate of remote area allowance payable to a person is worked out using Table G. Work out which family situation in the table applies to the person. The rate of remote area allowance is the corresponding amount in Column 3 plus the additional corresponding amount in Column 4 for each FTB child, and each regular care child, of the person.

 

Table G—Remote area allowance

Column 1

Item

Column 2

Person’s family situation

Column 3

Basic allowance

Column 4

Additional allowance for each FTB child and regular care child

1

Person not covered by item 2, 3 or 4

$15.60

$7.30

2

Member of illness separated couple

$18.20

$7.30

3

Member of respite care couple

$18.20

$7.30

4

Partnered (partner in gaol)

$18.20

$7.30

Note: For illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Meaning of remote area allowance

 1068BG3 In point 1068BG2, remote area allowance means:

 (a) an amount added to a person’s social security pension or benefit by way of remote area allowance; or

 (b) a remote area allowance payable under point SCH6G1 of the VEA.

FTB or regular care child must be present in Australia

 1068BG4 Additional allowance is not payable for an FTB child, or a regular care child, unless the child is physically present in Australia.

Special rule where partner has an FTB or regular care child but is not receiving additional allowance for the child

 1068BG5 If:

 (a) an amount of remote area allowance is to be added to the person’s rate; and

 (b) the person’s partner has an FTB child or a regular care child; and

 (c) the person’s partner is not receiving an additional amount of remote area allowance for the child;

the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.

Special rule dealing with the death of an FTB or regular care child

 1068BG6 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.

Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.

  This Part applies if the rate of a person’s social security payment is to be calculated in accordance with any of the following Rate Calculators:

 (a) Pension Rate Calculator A (carer payments and certain age and disability support pensions);

 (c) Pension Rate Calculator D (certain disability support pensions);

 (d) Youth Allowance Rate Calculator;

 (da) Austudy Payment Rate Calculator;

 (e) Benefit Rate Calculator B (jobseeker payment);

 (f) Pension PP (Single) Rate Calculator or Benefit PP (Partnered) Rate Calculator (parenting payments).

  If a person to whom this Part applies qualifies for rent assistance in accordance with Division 2, to help cover the cost of rent:

 (a) if paragraph (b) does not apply—the amount per fortnight worked out in accordance with Division 3 is added to the person’s maximum basic rate for the social security payment; or

 (b) if the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A or D, or the Pension PP (Single) Rate Calculator—the amount per fortnight worked out in accordance with Division 3 is multiplied by 26 to calculate an amount per year and the amount per year is added to the person’s maximum basic rate for the social security payment.

  A person qualifies for rent assistance if the person satisfies:

 (a) the common requirements set out in section 1070C; and

 (b) any specific requirement, set out in a later section of this Division, applicable to the person’s social security payment.

  The common requirements are that:

 (a) the person is not an aged care resident, and is not taken to be an aged care resident for the purposes of the Rate Calculator concerned; and

 (b) the person is not an ineligible homeowner; and

 (c) the person pays, or is liable to pay, rent, other than Government rent, in respect of a period in respect of premises in Australia; and

 (d) the person’s fortnightly rent is more than the rent threshold amount (see section 1070T).

 (1) If the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A and subsection (2) applies, the specific requirement applicable to the person’s social security payment is that set out in subsection (3).

 (2) This subsection applies if:

 (a) the following conditions are satisfied:

 (i) the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple;

 (ii) the person is entitled to be paid family tax benefit; or

 (b) the following conditions are satisfied:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple;

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit.

 (3) The specific requirement is that:

 (a) in a paragraph (2)(a) case, either of the following is satisfied:

 (i) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (ii) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (b) in a paragraph (2)(b) case, either of the following is satisfied:

 (i) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (ii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance and clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

 (4) Subsections (1), (2) and (3) do not apply if:

 (a) the person’s social security payment is disability support pension; and

 (b) the person has not turned 21.

Note: The specific requirement for a person who is receiving disability support pension and has not turned 21 is in section 1070F.

  If:

 (a) the rate of the person’s social security payment is to be calculated in accordance with the Pension PP (Single) Rate Calculator; and

 (b) the person is entitled to be paid family tax benefit;

the specific requirement applicable to the social security payment is that either of the following is satisfied:

 (c) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (d) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit.

 (1) If:

 (a) the person’s social security payment is disability support pension; and

 (b) the person has not turned 21; and

 (c) the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D;

the specific requirement applicable to the social security payment is that the person comply with subsection (2) or (3).

Person who has not turned 18

 (2) The person complies with this subsection if:

 (a) the person has not turned 18; and

 (b) one of the following applies:

 (i) the person is a member of a couple and, if the person’s partner is living with the person in their home, the person’s partner is not receiving incentive allowance;

 (ii) the person is in disability accommodation;

 (iii) the person is independent;

 (iv) the person is living away from the person’s parental home because of a medical condition of the person; and

 (c) if:

 (i) the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (d) if:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

Person who has turned 18

 (3) The person complies with this subsection if:

 (a) the person has turned 18; and

 (b) one of the following applies:

 (i) the person is a member of a couple and, if the person’s partner is living with the person in their home, the person’s partner is not receiving incentive allowance;

 (ii) the person is in disability accommodation;

 (iii) the person is living away from the person’s parental home permanently or indefinitely; and

 (c) if:

 (i) the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (d) if:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

 (4) For the purposes of applying the definition of living away from the person’s parental home in subsection (3), a stepparent or guardian is taken to be a parent.

 (1) If the rate of the person’s social security payment is to be calculated in accordance with the Youth Allowance Rate Calculator, the specific requirement applicable to the social security payment is that:

 (a) the person:

 (i) is independent but is not an accommodated independent person; or

 (ii) is not independent and is required to live away from home; and

 (b) the person does not have a partner with a rent increased pension; and

 (c) if:

 (i) the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (d) if:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

 (2) In this section, accommodated independent person and required to live away from home have the same meanings as in Part 3.5.

 (1) If the rate of the person’s social security payment is to be calculated in accordance with the Austudy Payment Rate Calculator or Benefit Rate Calculator B, the specific requirement applicable to the social security payment is that set out in subsection (2).

 (2) The specific requirement is that:

 (a) if the person:

 (i) is not a member of a couple; and

 (ii) is not living away from the principal home of a parent permanently or indefinitely;

  the person has turned 25; and

 (b) the person does not have a partner with a rent increased pension; and

 (c) if:

 (i) the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (d) if:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

 (3) For the purposes of subparagraph (2)(a)(ii), a stepparent or guardian is taken to be a parent.

  If the rate of the person’s social security payment is to be calculated in accordance with the Benefit PP (Partnered) Rate Calculator, the specific requirement applicable to the social security payment is that:

 (a) the person’s partner is not receiving a rent increased pension; and

 (b) if:

 (i) the person is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person’s Part A rate of family tax benefit; and

 (c) if:

 (i) the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

 (ii) the person, or the person’s partner, is entitled to be paid family tax benefit;

  either of the following is satisfied:

 (iii) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit does not include rent assistance;

 (iv) the person’s, or the person’s partner’s, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person’s, or the person’s partner’s, Part A rate of family tax benefit.

  A person’s rate of rent assistance depends on the person’s social security payment and the person’s family situation.

 (1) The person’s rate of rent assistance is worked out under this section if the rate of the person’s social security payment is to be calculated in accordance with Pension Rate Calculator A.

 (2) Using the following table, work out which family situation applies to the person and calculate rate A for the person using the formula in column 3. This is the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. If the person is not a single person sharing accommodation, the person’s maximum rent assistance rate is rate B worked out using column 4 of the table. If the person is a single person sharing accommodation, the person’s maximum rent assistance rate is twothirds of rate B.

 

Rate of rent assistance

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate A

Column 4

Rate B

1

Not a member of a couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

2

Partnered and partner does not have rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 4 end fraction end formula

$195.00

3

Partnered and partner:

(a) is receiving a social security pension; and

(b) has rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

4

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) does not have a dependent child or dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

5

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 1 or 2 dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$122.40

6

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 3 or more dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$137.20

7

Partnered—member of an illness separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

8

Partnered—member of a respite care couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

9

Partnered—member of a temporarily separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$195.00

10

Partnered (partner in gaol)

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

 (3) Subsections (1) and (2) do not apply if:

 (a) the person’s social security payment is disability support pension; and

 (b) the person has not turned 21.

Note: The rate of rent assistance for a person who is receiving disability support pension and has not turned 21 is worked out:

(a) under section 1070N if the person has not turned 18; and

(b) under section 1070P if the person has turned 18.

 (1) The person’s rate of rent assistance is worked out under this section if the rate of the person’s social security payment is to be calculated in accordance with the Pension PP (Single) Rate Calculator.

 (2) Using the following table, calculate rate A for the person using the formula in column 2. This will be the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. If the person is not a single person sharing accommodation, the person’s maximum rent assistance rate is rate B worked out using column 3 of the table. If the person is a single person sharing accommodation, the person’s maximum rent assistance rate is twothirds of rate B.

 

Rate of rent assistance

Column 1

Item

Column 2

Rate A

Column 3

Rate B

1

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

 (1) The person’s rate of rent assistance is worked out under this section if:

 (a) the person is receiving disability support pension; and

 (b) the person has not turned 18; and

 (c) the rate of the person’s pension is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D.

 (2) Using the table below, work out which family situation applies to the person and calculate rate A for the person using the formula in column 3. This is the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. The person’s maximum rent assistance rate is rate B worked out using column 4 of the table.

 

Rate of rent assistance

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate A

Column 4

Rate B

1

Not a member of a couple and:

(a) in disability accommodation; or

(b) independent

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

2

Partnered and partner does not have rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 4 end fraction end formula

$195.00

3

Partnered and partner:

(a) is receiving a social security pension; and

(b) has rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

4

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) does not have a dependent child or dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

5

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 1 or 2 dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$122.40

6

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 3 or more dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$137.20

7

Partnered—member of an illness separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

8

Partnered—member of a respite care couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

9

Partnered—member of a temporarily separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$195.00

10

Partnered (partner in gaol)

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

 (1) The person’s rate of rent assistance is worked out under this section if:

 (a) the person is receiving disability support pension; and

 (b) the person has turned 18 but has not turned 21; and

 (c) the rate of the person’s pension is to be calculated in accordance with Pension Rate Calculator A or Pension Rate Calculator D.

 (2) Using the table below, work out which family situation applies to the person and calculate rate A for the person using the formula in column 3. This is the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. The person’s maximum rent assistance rate is rate B worked out using column 4 of the table.

 

Rate of rent assistance

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate A

Column 4

Rate B

1

Not a member of a couple and:

(a) in disability accommodation; or

(b) living away from the person’s parental home permanently or indefinitely

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

2

Partnered and partner does not have rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 4 end fraction end formula

$195.00

3

Partnered and partner:

(a) is receiving a social security pension; and

(b) has rent increased pension

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

4

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) does not have a dependent child or dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

5

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 1 or 2 dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$122.40

6

Partnered and partner:

(a) is receiving a service pension, income support supplement or a veteran payment; and

(b) has rent increased pension; and

(c) has 3 or more dependent children

Start formula 3 times start fraction open bracket Fortnightly rent minus $284.00 close bracket over 8 end fraction end formula

$137.20

7

Partnered—member of an illness separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

8

Partnered—member of a respite care couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

9

Partnered—member of a temporarily separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$195.00

10

Partnered (partner in gaol)

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

 (1) The person’s rate of rent assistance is worked out under this section if the rate of the person’s social security payment is to be calculated in accordance with the Youth Allowance Rate Calculator, the Austudy Payment Rate Calculator or Benefit Rate Calculator B.

 (2) Using the table below, work out which family situation applies to the person and calculate rate A for the person using the formula in column 3. This is the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. If the person is not a single person sharing accommodation, the person’s maximum rent assistance rate is rate B worked out using column 4 of the table. If the person is a single person sharing accommodation, the person’s maximum rent assistance rate is twothirds of rate B.

 

Rate of rent assistance

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate A

Column 4

Rate B

1

Not a member of a couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

2

Partnered—partner does not have rent increased benefit

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 4 end fraction end formula

$195.00

3

Partnered—partner has rent increased benefit

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 2

4

Partnered—member of an illness separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

5

Partnered—member of a respite care couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

6

Partnered—member of a temporarily separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$195.00

7

Partnered (partner in gaol)

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

 (1) The person’s rate of rent assistance is worked out under this section if the rate of the person’s social security payment is to be calculated in accordance with Benefit PP (Partnered) Rate Calculator.

 (2) Using the table below, work out which family situation applies to the person and calculate rate A for the person using the formula in column 3. This is the person’s rate of rent assistance per fortnight but only up to the person’s maximum rent assistance rate. The person’s maximum rent assistance rate is rate B worked out using column 4 of the table.

 

Rate of rent assistance

Column 1

Item

Column 2

Person’s family situation

Column 3

Rate of rent assistance

Column 4

Maximum rate

1

Partnered—partner does not have rent increased benefit

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 4 end fraction end formula

$195.00

2

Partnered—partner has rent increased benefit

Start formula 3 times start fraction open bracket Fortnightly rent minus $236.60 close bracket over 8 end fraction end formula

Half the rate specified in column 4 of item 1

3

Partnered—member of an illness separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

4

Partnered—member of a respite care couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

5

Partnered—member of a temporarily separated couple

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$195.00

6

Partnered (partner in gaol)

Start formula 3 times start fraction open bracket Fortnightly rent minus $146.00 close bracket over 4 end fraction end formula

$207.00

  This Division has effect for the purposes of this Part.

 (1) If the rate of a person’s social security payment is to be calculated in accordance with the Pension PP (Single) Rate Calculator, the person’s rent threshold amount is $146.00.

 (2) In any other case, a person’s rent threshold amount is worked out in accordance with subsection (3).

 (3) First, identify which of sections 1070L, 1070N, 1070P, 1070Q and 1070R applies to work out the rate of rent assistance for the person’s social security payment. Next, identify which family situation in the table in that section applies to the person. The person’s rent threshold amount is the amount in the formula in column 3 of the table, in relation to the family situation, that is deducted from fortnightly rent.

Example: If a person who is not a member of a couple receives an age pension, the person’s rent threshold amount is worked out as follows. First, identify section 1070L as the section applicable to an age pension. Then identify the family situation in item 1 of the table in that section as applicable to the person. Finally, the person’s rent threshold amount is $146.00, being the amount that, in the formula in column 3 of that table, is deducted from the person’s fortnightly rent. Indexation of the $146.00 has been ignored for the purposes of this example.

  Fortnightly rent is the fortnightly rent paid or payable by the person whose rate of social security payment is being calculated.

Rent paid by a member of a couple where person’s partner is living with the person in their home

 (1) If a person is a member of a couple and the person’s partner is living with the person in their home, any rent that the person’s partner pays or is liable to pay in respect of the home is to be treated as paid or payable by the person.

Rent paid by a member of an illness separated, respite care couple or temporarily separated couple

 (2) If a person is a member of an illness separated couple, respite care couple or temporarily separated couple, any rent that the person’s partner pays or is liable to pay in respect of the premises or lodgings occupied by the person is to be treated as paid or payable by the person.

  A person has a partner with a rent increased pension if:

 (a) the partner is living with the person in their home; and

 (b) the partner receives a social security pension, a service pension, income support supplement or a veteran payment; and

 (c) the rate of the pension or supplement is increased to take account of rent paid or payable by the person.

Youth Allowance Rate Calculator

 (1) If the rate of a person’s social security payment is to be calculated in accordance with the Youth Allowance Rate Calculator, the person’s partner has a rent increased benefit if the partner:

 (a) is living with the person in their home; and

 (b) either:

 (i) is receiving a social security benefit the rate of which is increased to take account of rent; or

 (ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner’s income.

Note 1: See also subsections 23(4A) and (4AA).

Note 2: For designated ABSTUDY payment, see subsection (5).

Benefit Rate Calculator B

 (2) If the rate of a person’s social security payment is to be calculated in accordance with Benefit Rate Calculator B, the person’s partner has a rent increased benefit if the partner:

 (a) is living with the person in their home; and

 (b) either:

 (i) is receiving a social security benefit the rate of which is increased to take account of rent; or

 (ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner’s income.

Note 1: See also subsections 23(4A) and (4AA).

Note 2: For designated ABSTUDY payment, see subsection (5).

Benefit PP (Partnered) Rate Calculator

 (3) If the rate of a person’s social security payment is to be calculated in accordance with the Benefit PP (Partnered) Rate Calculator, the person’s partner has a rent increased benefit if the partner:

 (a) is living with the person in their home; and

 (b) either:

 (i) is receiving a social security benefit the rate of which is increased to take account of rent; or

 (ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner’s income.

Note 1: See also subsections 23(4A) and (4AA).

Note 2: For designated ABSTUDY payment, see subsection (5).

Austudy Payment Rate Calculator

 (4) If the rate of a person’s social security payment is to be calculated in accordance with the Austudy Payment Rate Calculator, the person’s partner has a rent increased benefit if the partner:

 (a) is living with the person in their home; and

 (b) either:

 (i) is receiving a social security benefit the rate of which is increased to take account of rent; or

 (ii) is receiving a designated ABSTUDY payment, or would be receiving such a payment but for the partner’s income.

Note 1: See also subsections 23(4A) and (4AA).

Note 2: For designated ABSTUDY payment, see subsection (5).

Designated ABSTUDY payment

 (5) For the purposes of this section, a designated ABSTUDY payment is a payment under the scheme known as the ABSTUDY scheme:

 (a) the rate of which is increased to take account of rent; and

 (b) that includes an amount identified as living allowance.

Note: Section 10A contains many of the definitions that are relevant to the provisions of this Part.

 

  The Seniors Health Card Income Test Calculator at the end of this section is to be used in working out whether a person satisfies the seniors health card income test for the purposes of this Act.

Satisfying the seniors health card income test

 10711 This is how to work out whether a person satisfies the seniors health card income test at a particular time (the test time).

Method statement

Step 1. Work out the amount of the person’s adjusted taxable income for the reference tax year.

Step 1A. If, at the test time, the person, or the person’s partner (if any), has at least one longterm financial asset (see point 107113), work out the person’s deemed income amount under:

 (a) if, at the test time, the person is not a member of a couple—point 107111A; or

 (b) if, at the test time, the person is a member of a couple—point 107111B.

Step 1B. Work out the sum of the amounts at step 1 and step 1A (if any).

Step 2. Work out the person’s seniors health card income limit using point 107112.

Step 3. Work out whether the amount at step 1B exceeds the seniors health card income limit.

Step 4. If the amount at step 1B is less than the person’s seniors health card income limit, the person satisfies the seniors health card income test.

Step 5. If the amount at step 1B is equal to or exceeds the person’s seniors health card income limit, the person does not satisfy the seniors health card income test.

Reference tax year

 10712(1) In the ordinary case, a person’s reference tax year is:

 (a) if the person has received a notice of assessment of his or her taxable income for the tax year immediately preceding the tax year in which the test time occurred—that immediately preceding tax year; or

 (b) otherwise—the tax year immediately preceding the tax year applicable under paragraph (a).

 (2) However, if the person has informed the Secretary in writing that the person wishes to have his or her entitlement to a seniors health card determined by reference to his or her adjusted taxable income for the tax year in which the test time occurred (the current tax year), the person’s reference tax year is the current tax year.

Adjusted taxable income

 10713 For the purposes of this Part, a person’s adjusted taxable income for a particular tax year is the sum of the following amounts (income components):

 (a) the person’s taxable income for that year, disregarding the person’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for that year;

 (b) the person’s fringe benefits value for that year;

 (c) the person’s target foreign income for that year;

 (d) the person’s total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for that year;

 (e) the person’s reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for that year.

Note 1: For taxable income see subsection 23(1) and point 10714.

Note 2: For fringe benefits value see point 10716.

Note 3: For target foreign income see subsection 10A(2) and point 10717.

Taxable income

 10714 For the purposes of this Part, a person’s taxable income for a particular tax year is:

 (a) the person’s assessed taxable income for that year; or

 (b) if the person does not have an assessed taxable income for that year—the person’s accepted estimate of taxable income for that year.

Assessed taxable income

 10715 For the purposes of this Part, a person’s assessed taxable income for a particular tax year at a particular time is the most recent of:

 (a) if, at that time, the Commissioner of Taxation has made an assessment or an amended assessment of that taxable income—that taxable income according to the assessment or amended assessment; or

 (b) if, at that time, a tribunal has amended an assessment or an amended assessment made by the Commissioner—that taxable income according to the amendment made by the tribunal; or

 (c) if, at that time, a court has amended an assessment or an amended assessment made by the Commissioner or an amended assessment made by a tribunal—that taxable income according to the amendment made by the court.

Fringe benefits value

 10716 For the purposes of this Part, a person’s fringe benefits value for a particular tax year is the person’s accepted estimate of the amount by which the total of the assessable fringe benefits received or to be received by the person in the tax year exceeds $1,000.

Note: For assessable fringe benefit see subsection 10A(2) and Part 3.12A.

Target foreign income

 10717 For the purposes of this Part, a person’s target foreign income for a particular tax year is the person’s accepted estimate of the amount of that income for that year.

Total net investment loss

 10718 For the purposes of this Part, a person’s total net investment loss for a particular tax year is the person’s accepted estimate of the amount of that loss for that year.

Accepted estimate

 10719 For the purposes of this Part, a person’s accepted estimate of an income component for a particular tax year is that income component according to the most recent notice given by the person to the Secretary under point 107110 and accepted by the Secretary for the purposes of this Part.

Notice estimating income component

 107110(1) A person may give the Secretary a notice, in a form approved by the Secretary, setting out the person’s estimate of an income component of the person for a tax year.

 (2) The notice is to contain, or be accompanied by, such information as is required by the form to be contained in it or to accompany it, as the case may be.

 (3) The Secretary is to accept a notice only if the Secretary is satisfied that the estimate is reasonable.

Adjusted taxable income of members of couples

 107111 If a person is a member of a couple, add the couple’s adjusted taxable incomes for the reference tax year and divide by 2 to work out the amount of the person’s adjusted taxable income for the reference tax year.

Deemed income amount

 107111A This is how to work out the person’s deemed income amount under this point:

Method statement

Step 1. Work out the total value of all of the person’s longterm financial assets (see point 107113) at the test time.

Step 2. Work out under section 1076 the amount of ordinary income the person would be taken to receive per year on the financial assets:

 (a) on the assumption that the only financial assets of the person were the financial assets referred to in step 1; and

 (b) on the assumption that the total value of the person’s financial assets were the amount at step 1.

Step 3. The result at step 2 is the person’s deemed income amount.

 107111B This is how to work out the person’s deemed income amount under this point:

Method statement

Step 1. Work out the total value of all of the person’s longterm financial assets (see point 107113) at the test time.

Step 2. If, at the test time, the person’s partner has reached the minimum age mentioned in section 30110 of the Income Tax Assessment Act 1997, work out the total value of all of the person’s partner’s longterm financial assets (see point 107113) at the test time.

Step 3. Work out under section 1077 the amount of ordinary income the couple would be taken to receive per year on the financial assets:

 (a) on the assumption that section 1077 applied to the person and the person’s partner; and

 (b) on the assumption that the only financial assets of the person and the person’s partner were the financial assets referred to in steps 1 and 2; and

 (c) on the assumption that the total value of the couple’s financial assets were the sum of the amounts at steps 1 and 2.

Step 4. Divide the amount at step 3 by 2: the result is the person’s deemed income amount.

Seniors health card income limit

 107112 A person’s seniors health card income limit is worked out using the Seniors Health Card Income Limit Table. Work out which family situation in the table applies to the person. The person’s seniors health card income limit is the corresponding amount in column 3 plus an additional corresponding amount in column 4 for each dependent child of the person.

 

Seniors Health Card Income Limit Table

Column 1

Item

Column 2

Person’s family situation

Column 3

Amount per year

Column 4

Additional dependent child

Amount per year

1

Not member of couple

$90,000

$639.60

2

Partnered

$72,000

$639.60

3

Member of illness separated couple

$90,000

$639.60

4

Member of respite care couple

$90,000

$639.60

5

Partnered (partner in gaol)

$90,000

$639.60

Note: The amounts in column 3 are indexed annually on 20 September in line with CPI increases (see sections 1190 to 1194). However, indexation of these amounts is modified for 2023 (see subsection 1192(5BB)).

Longterm financial asset

 107113 For the purposes of this Part, a longterm financial asset is:

 (a) a financial investment within the meaning of paragraph (i) of the definition of financial investment in subsection 9(1), where the assettested income stream (long term) arises under a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997) that is not a constitutionally protected fund (within the meaning of that Act); or

 (b) a financial investment within the meaning of paragraph (j) of the definition of financial investment in subsection 9(1).

Note: Schedule 7 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 6) Act 2014 preserves the rules in this Calculator for a certain kind of longterm financial asset that was being provided to a person immediately before 1 January 2015 where the person held a seniors health card immediately before that day provided that, since that day, the person has held a seniors health card.

 

  The Health Care Card Income Test Calculator at the end of this section is to be used in working out whether a person satisfies the health care card income test for the purposes of Division 3 of Part 2A.1.

Satisfying the health care card income test: persons claiming a card

 1071A1 This is how to work out whether a person claiming a health care card satisfies the health care card income test on the day on which the person claims the card, whether or not the person is the holder of a health care card at that time.

Method statement

Step 1. Work out the amount of the person’s ascertained income for the period of 8 weeks ending on the day on which the person lodged the claim.

Step 2. Work out the amount of the person’s allowable income for the period.

Step 3. If the person’s ascertained income for the period is less than the person’s allowable income for the period, the person satisfies the health care card income test.

Step 4. If the person’s ascertained income for the period equals or exceeds the person’s allowable income for the period, the person does not satisfy the health care card income test.

Satisfying the health care card income test: cardholders

 1071A2 This is how to work out whether a person who holds a health care card satisfies the health care card income test at a particular time where there has been a change in circumstances.

Method statement

Step 1. Work out the amount of the person’s ascertained income for the period of 8 weeks ending on the day on which the change of circumstances occurred.

Step 2. Work out the amount of the person’s allowable income for the period.

Step 3. If the person’s ascertained income for the period is less than 125% of the person’s allowable income for that period, the person satisfies the health care card income test.

Step 4. If the person’s ascertained income for the period is 125% or more of the person’s allowable income for that period, the person does not satisfy the health care card income test.

Working out allowable income

 1071A2A For the purposes of step 2 of the method statement in point 1071A1 or 1071A2:

 (a) disregard steps 1A, 2 and 3 of the method statement in point 1068A1; and

 (b) the amount at step 1B of the method statement in point 1068A1 is taken to be the amount applicable under item 5 of the table in point 1068C3.

Cessation of dependency

 1071A3 For the purposes of point 1071A2, if a person (the first person) ceases to be a dependant of another person who is the holder of a health care card:

 (a) the fact that the first person has so ceased is to be disregarded for a period of 4 weeks commencing on the day on which the first person so ceased; and

 (b) if, at the end of the period, the first person has not become again a dependant of that other person, the first person is taken to have ceased to be a dependant of the other person at the expiration of that period of 4 weeks.

Definitions

 1071A4 In this Part:

allowable income, in relation to any period of 8 weeks, means:

 (a) in relation to a person who had a dependant or dependants on the last day of the period—the amount worked out by multiplying by 8, or such other number as is prescribed, the aggregate of:

 (i) the amount of the weekly rate of income that would, on the last day of the period, be sufficient to prevent both members of a oneincome couple from receiving jobseeker payment; and

 (ii) $20, or such other amount as is prescribed; and

 (iii) an amount worked out by multiplying $34, or such higher amount as is prescribed, by the number of the dependants of the person on the last day of the period; or

 (b) in relation to a person who had no dependants on the last day of the period—the amount worked out by multiplying by 8, or such other number as is prescribed, an amount equal to 60%, or such other percentage as is prescribed, of the aggregate of the amount worked out under subparagraph (a)(i) and the amount referred to in subparagraph (a)(ii) if paragraph (a) had applied to the person.

ascertained income, in relation to a period, means:

 (a) in relation to a person who is not a member of a couple—the income of the person in respect of that period; and

 (b) in relation to a person who is a member of a couple—the income of the person and his or her partner in respect of that period.

income, in relation to a person, means ordinary income and, to the extent that they are not ordinary income, includes:

 (aa) payments of a social security pension or a social security benefit; and

 (a) if the person is receiving a social security pension or benefit—the person’s maintenance income (if any) within the meaning of the Family Assistance Act; and

 (b) payments of a pension under the Veterans’ Entitlements Act; and

 (c) payments of a pension payable by a foreign country, being a pension that, in the opinion of the Secretary, is similar in character to a pension referred to in paragraph (b); and

 (ca) payments of income support supplement; and

 (d) payments under a selfemployment program; and

 (e) payments of compensation, including compensation within the meaning of the Military Rehabilitation and Compensation Act; and

 (f) instalments of parental leave pay.

 1071A5 If a weekly rate of income referred to in subparagraph (a)(i) of the definition of allowable income in point 1071A4 or an amount worked out under paragraph (b) of that definition includes an amount of cents, the amount of that weekly rate is, for the purposes of that definition, increased to the nearest whole dollar.

 1071A6 A couple is a oneincome couple for the purposes of point 1071A4 if only one member of the couple is receiving income.

  A reference in this Act to a person’s ordinary income for a period is a reference to the person’s gross ordinary income from all sources for the period calculated without any reduction, other than a reduction under Division 1A.

Note 1: For ordinary income see subsection 8(1).

Note 2: For other provisions affecting the amount of a person’s ordinary income see section 1073AA (work bonus), sections 1074 and 1075 (business income), Division 1B (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 1C (income from income streams not covered by Division 1B).

 (1) This section applies if:

 (a) a person has claimed a social security pension or a social security benefit; and

 (b) on or after the first day of the period of 12 months ending at the end of the day the person made the claim, the person receives an amount of income in the form of a lump sum payment of arrears of periodic payments; and

 (c) the lump sum payment is not income within the meaning of Division 1B or 1C of this Part; and

 (d) the lump sum payment is not in relation to remunerative work undertaken by the person; and

 (e) the lump sum payment is not an exempt lump sum; and

 (f) the lump sum payment is not a payment of compensation.

 (2) The Secretary may determine that the person is taken to have received the lump sum payment over such period, not exceeding 52 weeks, as the Secretary determines.

 (3) The period determined by the Secretary must begin on the day on which the person received the lump sum payment.

 (4) For each day in the period determined by the Secretary, the person is taken to have received an amount of ordinary income worked out by dividing the amount of the lump sum payment by the number of days in that period.

 (1) Subject to points 1067GH5 to 1067GH20 (inclusive), 1067LD5 to 1067LD16 (inclusive), 1068G7AF to 1068G7AR (inclusive), 1068AE2 to 1068AE12 (inclusive) and 1068BD7 to 1068BD18 (inclusive), if a person receives, whether before or after the commencement of this section, an amount that:

 (a) is not income within the meaning of Division 1B or 1C of this Part; and

 (b) is not:

 (i) income in the form of periodic payments; or

 (ii) ordinary income from remunerative work undertaken by the person; or

 (iii) an exempt lump sum.

the person is, for the purposes of this Act, taken to receive one fiftysecond of that amount as ordinary income of the person during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.

 (2) Subsection (1) applies to a person who has claimed one of the following:

 (a) jobseeker payment;

 (c) youth allowance;

even if the person:

 (g) has to serve an ordinary waiting period or a liquid assets test waiting period in respect of the payment or allowance claimed; or

 (h) is subject to an income maintenance period in respect of the payment or allowance claimed; or

 (i) is subject to a seasonal work preclusion period;

during the period of 12 months referred to in subsection (1).

 (1) This section applies to a person if:

 (a) the person’s rate of social security pension is calculated in accordance with Pension Rate Calculator A at the end of section 1064; and

 (b) the person has reached pension age.

Note: For pension age see subsections 23(5A), (5B), (5C) and (5D).

Work bonus income greater than or equal to income concession amount

 (2) If the person’s work bonus income for an instalment period is greater than or equal to the income concession amount for that period, then, for the purposes of Module E of that Rate Calculator, the amount of the person’s work bonus income for that period is reduced by an amount equal to the income concession amount.

Note: For work bonus income, see subsection (4BA).

Example 1: David has $2,300 of work bonus income in an instalment period of 14 days. David’s rate of social security pension for that period is greater than nil.

 David’s work bonus income for that period is reduced by $300, leaving David $2,000 of work bonus income for that period.

Example 2: Amy has $1,000 of work bonus income in an instalment period of 14 days. Amy’s rate of social security pension for that period is greater than nil.

 Amy’s work bonus income for that period is reduced by $300, leaving Amy $700 of work bonus income for that period.

 (3) If the person’s unused concession balance (see section 1073AB) is greater than or equal to the amount (the current amount) of the person’s work bonus income that remains after applying subsection (2) of this section in relation to an instalment period:

 (a) for the purposes of Module E of that Rate Calculator, the person’s work bonus income for that period is further reduced to nil; and

 (b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance is reduced by an amount equal to the current amount.

Example 1: To continue example 1 in subsection (2), assume David’s unused concession balance is $2,000. The current amount is $2,000.

 David’s work bonus income for that period is further reduced to nil.

 David’s unused concession balance is now nil.

Example 2: To continue example 2 in subsection (2), assume Amy’s unused concession balance is $1,600. The current amount is $700.

 Amy’s work bonus income for that period is further reduced to nil.

 Amy’s unused concession balance is now $900.

 (4) If the person’s unused concession balance (see section 1073AB) is greater than nil but less than the amount of the person’s work bonus income that remains after applying subsection (2) of this section in relation to an instalment period:

 (a) for the purposes of Module E of that Rate Calculator, the person’s work bonus income for that period is further reduced by an amount equal to that unused concession balance; and

 (b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance is reduced to nil.

Example: Bill has $1,300 of work bonus income in an instalment period of 14 days. Bill’s rate of social security pension for that period is greater than nil.

 Under subsection (2), Bill’s work bonus income for that period is reduced by $300, leaving Bill $1,000 of work bonus income for that period.

 Assume Bill’s unused concession balance is $800.

 Under subsection (4), Bill’s work bonus income for that period is further reduced by $800 leaving Bill $200 of work bonus income for that period.

 Bill’s unused concession balance is now nil.

Work bonus income less than income concession amount

 (4A) If the person has work bonus income for an instalment period but that income is less than the income concession amount for that period:

 (a) for the purposes of Module E of that Rate Calculator, the person’s work bonus income for that period is reduced to nil; and

 (b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance (see section 1073AB) is increased, subject to subsection 1073AB(2), by an amount equal to the difference between that income concession amount and that work bonus income (before it was reduced).

Note: For work bonus income, see subsection (4BA).

Example: Emma has $100 of work bonus income in an instalment period of 14 days. Emma’s rate of social security pension for that period is greater than nil.

 Emma’s work bonus income for that period is reduced to nil.

 Emma’s unused concession balance is increased by $200.

No work bonus income

 (4B) If:

 (a) the person has no work bonus income for an instalment period; and

 (b) the person’s rate of social security pension for that period is greater than nil;

the person’s unused concession balance (see section 1073AB) is increased, subject to subsection 1073AB(2), by an amount equal to the income concession amount for that period.

Note: For work bonus income, see subsection (4BA).

Definitions

 (4BA) For the purposes of this section, a person’s work bonus income for an instalment period is the sum of the following:

 (a) the person’s employment income taken, in accordance with Division 1AA, to have been received for that period;

 (b) the sum of the person’s gainful work income for each day in that period.

Note: For employment income, see section 8.

 (4BB) For the purposes of this section, a person’s gainful work income for a day in an instalment period is the amount worked out using the following formula:

Start formula start fraction Annual amount over 364 end fraction end formula

where:

annual amount means the annual amount of ordinary income of the person that is earned, derived or received by the person from gainful work (within the meaning of section 1073AAA) undertaken by the person, being the annual amount as last determined by the Secretary.

 (4BC) The amount at paragraph (4BA)(b) is to be rounded to the nearest cent (rounding 0.5 cents downwards).

 (4C) The income concession amount is:

 (a) for an instalment period of 14 days—$300; and

 (b) for an instalment period of less than 14 days—the amount worked out using the following formula:

Start formula $300 times start fraction Number of days in the instalment period over 14 end fraction end formula

Interpretation

 (5A) If a person has gainful work income for an instalment period, the rate of the person’s gainful work income on a yearly basis for each day in that period may be worked out using the following formula:

Start formula start fraction Total amount of gainful work income for that period over Number of days in that period end fraction times 364 end formula

Note: This subsection will be relevant to working out the person’s rate of social security pension in accordance with Pension Rate Calculator A at the end of section 1064 or Pension Rate Calculator C at the end of section 1066.

 (5B) An amount worked out under subsection (5A) is to be rounded to the nearest cent (rounding 0.5 cents downwards).

 (6) If the person is a member of a couple, apply this section in relation to the person, and to the person’s partner, before applying point 1064E2.

 (7) In working out a person’s employment income for the purposes of this section, disregard subsection 8(1B).

 (8) If:

 (a) the person is a member of a couple; and

 (b) the person’s partner’s work bonus income (within the meaning of section 46AA of the Veterans’ Entitlements Act 1986) is reduced by one or more amounts (each of which is a reduction amount) under section 46AA of that Act;

then, in applying point 1064E2, the ordinary income of the person’s partner is to be reduced by an amount equal to the total of the reduction amounts.

General rule

 (1) For the purposes of this Division, gainful work is work for financial gain or reward (other than as an employee), where:

 (a) the work involves personal exertion on the part of the person concerned; and

 (b) the work is carried on within or outside Australia.

Disregard managing or administering family financial investments and real property

 (2) Work undertaken by a person is taken not to be gainful work for the purposes of this Division to the extent to which the work consists of the management or administration of any financial investment, or any real property, in which any of the following has a legal or equitable interest:

 (a) a member of the person’s family group;

 (b) a company that is a family company in relation to the person;

 (c) the trustee or trustees of a trust that is a family trust in relation to the person.

Note: For financial investment, see section 9.

Disregard domestic duties

 (3) Work undertaken by a person is taken not to be gainful work for the purposes of this Division if the work consists of carrying out:

 (a) domestic tasks; or

 (b) household maintenance tasks; or

 (c) gardening tasks; or

 (d) similar tasks;

in relation to:

 (e) the person’s place of residence; or

 (f) if the person has 2 or more places of residence—any of those places of residence.

Definitions

 (4) For the purposes of this section, a place of residence includes:

 (a) if the place is a dwellinghouse—any land or building that is adjacent to the dwellinghouse and that is used primarily for private or domestic purposes in association with that dwellinghouse; or

 (b) if the place is a flat or home unit—a garage or storeroom that is used for private or domestic purposes in association with the flat or home unit.

 (5) In this section:

family company, in relation to a person, means a company where:

 (a) the company is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of any or all of the members of the person’s family group; or

 (b) any or all of the members of the person’s family group are in a position to cast, or control the casting of, more than 50% of the maximum number of votes that may be cast at a general meeting of the company; or

 (c) both:

 (i) the company has one or more shareholders; and

 (ii) each shareholder is a member of the person’s family group.

family group, in relation to a person, means the group consisting of the person and the family members of the person. If the person has no family members, the person is taken to be a family group in the person’s own right.

Note: For family member, see subsection 23(1).

family trust, in relation to a person, means a trust where a member of the person’s family group benefits, or is capable (whether by the exercise of a power of appointment or otherwise) of benefiting, under the trust.

Existing unused concession balances before 1 January 2024

 (1) If, immediately before 1 January 2024, a person has an unused concession balance (including a balance of nil or a retained balance under subsection (3)), the person retains that unused concession balance on 1 January 2024.

Initial unused concession balance after 1 January 2024

 (1A) A person has an unused concession balance of $4,000 on the first day that is on or after 1 January 2024 and is a day on which section 1073AA applies to the person.

 (1B) Subsection (1A) does not apply on a day if the person has an unused concession balance (including a balance of nil or a retained balance under subsection (3)) immediately before that day.

Increase of unused concession balance in specified circumstances

 (1C) If:

 (a) a person ceases to receive the social security pension referred to in paragraph 1073AA(1)(a); and

 (b) the person retains an unused concession balance (the old balance) under subsection (3) of less than $4,000; and

 (c) neither this subsection nor subsection (1A) has previously applied in relation to the person within the most recent 2 year period that starts on or after 1 July 2024;

then, on the first day that is on or after 1 July 2024 and is a day on which section 1073AA applies to the person again, the person’s unused concession balance is increased by an amount equal to the difference between the old balance and $4,000.

 (1D) Subsection (1C) does not apply if section 1073AA applies to the person again immediately following:

 (a) the person’s pension being suspended; or

 (b) the person being taken to be receiving the pension under subsection 23(4A).

Maximum unused concession balance

 (2) If, apart from this subsection, the person’s unused concession balance would exceed $11,800, that balance is instead taken to be $11,800.

Example: John has an unused concession balance of $11,700. John has $100 of work bonus income in an instalment period of 14 days.

 Instead of John’s unused concession balance increasing to $11,900 under subsection 1073AA(4A), John’s unused concession balance increases to $11,800.

Effect of ceasing to receive social security pension

 (3) If the person ceases to receive the social security pension referred to in paragraph 1073AA(1)(a), the person retains the person’s unused concession balance immediately before that cessation.

Note: If section 1073AA applies to the person again, the person’s unused concession balance will be that retained balance.

 (1) This section applies if:

 (a) a person is receiving a social security pension or a social security benefit; and

 (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in this Chapter; and

 (c) one or more amounts of employment income, each of which is in respect of a particular period or periods (each period is an employment period), are paid in an instalment period of the person to or for the benefit of the person by the same employer.

Note 1: If the person has multiple employers, this section applies separately in relation to each employer.

Note 2: If a person is receiving a social security pension and is paid employment income monthly, section 1073B may apply to that income instead of this section.

Note 3: Section 1073BA deals with the payment of employment income that is not in respect of a particular period.

 (2) The person is taken to have received the employment income over a period (the assessment period) that consists of the number of days that is equal to the sum of the number of days in each employment period, where the assessment period begins on the first day of the instalment period in which the amounts of employment income are paid.

Example: On 3 June a person is paid $756 employment income for work the person performed in the period beginning on 9 May and ending at the end of 29 May. The number of days in the employment period is 21.

 Assume the instalment period begins on 1 June. The person is taken to have received the $756 over the period beginning on 1 June and ending at the end of 21 June (a period of 21 days).

 (3) Subject to subsection (4), for each day in the assessment period, the person is taken to have received an amount of employment income worked out by dividing the total amount of the employment income covered by paragraph (1)(c) by the number of days in the assessment period.

Example: To continue the example in subsection (2), the person is taken to have received $36 ($756/21) on each of the days in the period beginning on 1 June and ending at the end of 21 June.

 (4) If the person is taken, under subsection (3), to have received employment income (the attributed employment income) during a part, but not the whole, of a particular instalment period, the person is taken to receive on each day in that instalment period an amount of employment income worked out by dividing the total amount of the attributed employment income by the number of days in the instalment period.

Example: To continue the example in subsection (2), for the instalment period beginning on 15 June and ending at the end of 28 June the person is taken, under subsection (3), to have received employment income during a part of that instalment period (15 June to 21 June). The person is taken to have received $252 ($36 x 7).

 Under subsection (4), the person is taken to receive on each day in that instalment period an amount of employment income of $18 ($252/14).

Interpretation

 (5) This section applies in relation to an amount of employment income paid on a day in an instalment period, whether or not the amount is received on that day.

 (6) In applying subsection (2) in relation to one or more amounts of employment income paid by a particular employer in an instalment period, in working out the sum of the number of days in each employment period, if a day in an employment period overlaps with a day in another employment period, that day must only be counted once.

 (1) This section applies if:

 (a) a person is receiving a social security pension; and

 (b) the person’s rate of payment of the pension is worked out with regard to the income test module of a rate calculator in this Chapter; and

 (c) an amount (the initial amount) of employment income, in respect of a period of 1 month, is paid on a day in a calendar month (the initial calendar month) to or for the benefit of the person by the person’s employer; and

 (d) the Secretary is satisfied that, for the reasonably foreseeable future, an amount of employment income, in respect of a period of 1 month, equal to the initial amount will be paid to or for the benefit of the person by that employer on the following:

 (i) the corresponding day in each calendar month (a later calendar month) after the initial calendar month;

 (ii) if there is no such day in a later calendar month month—the last day of the later calendar month.

Note: If the person has multiple employers, this section applies separately in relation to each employer.

 (2) Subject to this section, for the day on which the initial amount is paid and for each day after that day, the person is taken to have received an amount of employment income worked out as follows:

Start formula start fraction Initial amount times 12 over 364 end fraction end formula

 (3) If, after the day on which the initial amount is paid, the Secretary ceases to be satisfied as mentioned in paragraph (1)(d) in relation to the person and the person’s employer, then subsection (2) ceases to apply in relation to the person and the person’s employer at the end of the period of 1 month beginning on the last payment day.

 (4) For the purposes of this section, a payment day is:

 (a) the day in the calendar month on which the initial amount is paid by the person’s employer; or

 (b) the following on which an amount of employment income equal to the initial amount is paid to or for the benefit of the person by that employer:

 (i) a corresponding day in a later calendar month;

 (ii) if there is no such day in a later calendar month—the last day of the later calendar month.

 (5) If the person is taken, under this section, to have received employment income (the attributed employment income) during a part, but not the whole, of a particular instalment period, the person is taken to receive on each day in that instalment period an amount of employment income worked out by dividing the total amount of the attributed employment income by the number of days in the instalment period.

 (6) Section 1073A does not apply to an amount of employment income covered by paragraph (4)(a) or (b).

Interpretation

 (7) This section applies in relation to an amount of employment income paid on a day in a calendar month, whether or not the amount is received on that day.

 (8) Subsection (3) does not prevent a later application of this section in relation to the person, whether in connection with the same employer or another employer.

 (1) This section applies if:

 (a) a person is receiving a social security pension or a social security benefit; and

 (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in this Chapter; and

 (c) an amount of employment income is paid on a day to or for the benefit of the person; and

 (d) the employment income is not in respect of a particular period.

 (2) The person is taken to have received that employment income over such period, not exceeding 52 weeks, as the Secretary determines.

Note 1: When determining the period, the Secretary may take into consideration the following:

(a) the nature of the person’s remunerative work;

(b) the nature of the person’s employment income;

(c) the person’s financial interests;

(d) any financial hardship which may be caused to the person;

(e) whether the employment income relates to remunerative work that was undertaken at a time when the person was not receiving a social security pension or a social security benefit.

Note 2: The period determined by the Secretary should be fair and reasonably beneficial, taking into account the financial interests of the person receiving the social security pension or social security benefit.

 (3) The period determined by the Secretary must begin on the first day of the instalment period in which the amount of employment income is paid.

 (4) Subject to subsection (5), for each day in the period determined by the Secretary, the person is taken to have received an amount of employment income worked out by dividing the amount of employment income covered by paragraph (1)(c) by the number of days in that period.

 (5) If the person is taken, under subsection (4), to have received employment income (the attributed employment income) during a part, but not the whole, of a particular instalment period, the person is taken to receive on each day in that instalment period an amount of employment income worked out by dividing the total amount of the attributed employment income by the number of days in the instalment period.

Interpretation

 (6) This section applies in relation to an amount of employment income paid on a day, whether or not the amount is received on that day.

 (1) This section applies if:

 (a) a person (the relevant person) is receiving a social security pension or a social security benefit; and

 (b) the relevant person earns or derives employment income during the whole or a part of an instalment period of the person; and

 (c) one or more entities (who may be, or may include, the relevant person) enter into, commence to carry out, or carry out, a scheme to defer the payment of that employment income; and

 (d) it would be concluded that the entity, or any of the entities, who entered into, commenced to carry out, or carried out, the scheme did so for the sole or dominant purpose of obtaining a social security advantage for a person (who may be the relevant person or may be the entity or one of the entities).

 (2) The Secretary may determine that the relevant person is taken to have received an amount of employment income, equal to the amount of employment income referred to in paragraph (1)(b), over the period determined by the Secretary.

 (3) The period determined by the Secretary must begin on the first day of the instalment period referred to in paragraph (1)(b).

 (4) Subject to subsection (5), for each day in the period determined by the Secretary, the relevant person is taken to have received an amount of employment income worked out by dividing the total amount of the employment income referred to in paragraph (1)(b) by the number of days in that period.

 (5) If the relevant person is taken, under subsection (4), to have received employment income (the attributed employment income) during a part, but not the whole, of a particular instalment period, the relevant person is taken to receive on each day in that instalment period an amount of employment income worked out by dividing the total amount of the attributed employment income by the number of days in the instalment period.

 (6) Sections 1073A, 1073B and 1073BA do not apply in relation to the payment of the employment income referred to in paragraph (1)(b).

 (7) A determination under subsection (2) has effect accordingly.

Obtaining a social security advantage

 (8) For the purposes of this section, an entity has a purpose of obtaining a social security advantage for a person (who may be the entity) if the entity has a purpose of:

 (a) enabling the person to obtain any of the following:

 (i) a social security pension;

 (ii) a social security benefit;

 (iii) a service pension;

 (iv) income support supplement;

 (v) a veteran payment;

 (vi) a payment under a current special educational assistance scheme; or

 (b) enabling the person to obtain any of the following at a higher rate than would otherwise have been payable:

 (i) a social security pension;

 (ii) a social security benefit;

 (iii) a service pension;

 (iv) income support supplement;

 (v) a veteran payment;

 (vi) a payment under a current special educational assistance scheme.

Definitions

 (9) In this section:

entity means any of the following:

 (a) an individual;

 (b) a company within the meaning of the Income Tax Assessment Act 1997;

 (c) a trust;

 (d) a partnership within the meaning of the Income Tax Assessment Act 1997;

 (e) any other unincorporated association or body of persons;

 (f) a corporation sole;

 (g) a body politic.

scheme means:

 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

  Sections 1073A, 1073B, 1073BA and 1073BB do not apply in relation to the following:

 (a) a payment in respect of which a person is taken to have received ordinary income for a period under point 1064F4, 1066AG4, 1067GH11, 1067LD5, 1068G7AG, 1068AE3 or 1068BD9;

 (b) a payment in respect of which a person is taken to receive an amount under point 1064F10, 1066AG10, 1067GH15, 1067LD11 or 1068G7AL;

 (c) an amount that a person’s ordinary income is taken to include under point 1067GH5 or 1068G7AA.

  If:

 (a) a person is receiving a social security pension or a social security benefit; and

 (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in this Chapter; and

 (c) the person is taken, under a provision of this Act (except section 1073A, 1073B, 1073BA or 1073BB), to receive employment income during the whole or a part of a particular instalment period of the person;

the person is taken to receive, on each day in that instalment period, an amount of employment income worked out by dividing the total amount of the employment income referred to in paragraph (c) by the number of days in the instalment period.

  If, in accordance with the operation of section 1073A, 1073B, 1073BA, 1073BB or 1073BD, a person is taken to receive a particular amount of employment income on each day in an instalment period:

 (a) the rate of the person’s employment income on a fortnightly basis for that day may be worked out by multiplying that amount by 14; and

 (b) the rate of the person’s employment income on a yearly basis for that day may be worked out by multiplying that amount by 364.

  The rules in this Division apply to a person (a working credit participant):

 (a) who is receiving a social security pension or a social security benefit; and

 (b) whose rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in this Chapter; and

 (c) who has not reached pension age; and

 (d) to whom the student income bank does not apply.

Basic opening balance rule

 (1) Subject to this section, each working credit participant has, on becoming a working credit participant, a working credit opening balance of nil.

Opening balance following cancellation of social security pension or benefit

 (2) If:

 (a) a person ceases to be a working credit participant or a person to whom the student income bank applies because of a determination to cancel, or an automatic cancellation of, the person’s social security pension or social security benefit; and

 (b) the person had a working credit balance or a student income bank balance greater than nil immediately before the date of effect of the determination or cancellation; and

 (c) the person makes, or is taken to have made, a new claim for a social security pension or social security benefit; and

 (d) the Secretary determines that the new claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (b); and

 (e) the person becomes a working credit participant on a day (the participation day), being either the day with effect from which the new claim is granted or a day following that day;

the working credit balance mentioned in paragraph (b), or the student income bank balance mentioned in that paragraph to the extent that it does not exceed the threshold amount (see subsection (7)), becomes the opening balance of the working credit applicable to the person on the participation day.

Opening balance following suspension of social security pension or benefit

 (3) If:

 (a) a person ceases to be a working credit participant because of a determination to suspend the person’s social security pension or social security benefit; and

 (b) the person had a working credit balance greater than nil immediately before the date of effect of the determination; and

 (c) within 12 months after the date of effect of the determination, the payment of the person’s pension or benefit is resumed; and

 (d) the person becomes a working credit participant on the day with effect from which the person’s pension or benefit is resumed;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the working credit applicable to the person on the day mentioned in paragraph (d).

Opening balance following suspension and subsequent cancellation of social security pension or benefit

 (4) If:

 (a) a person ceases to be a working credit participant or a person to whom the student income bank applies because of a determination to suspend the person’s social security pension or social security benefit; and

 (b) while the person’s pension or benefit is suspended there is a determination to cancel the person’s pension or benefit; and

 (c) the person had a working credit balance or a student income bank balance greater than nil immediately before the date of effect of the suspension determination; and

 (d) the person makes, or is taken to have made, a new claim for a social security pension or social security benefit; and

 (e) the Secretary determines that the new claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (c); and

 (f) the person becomes a working credit participant on a day (the participation day), being either the day with effect from which the new claim is granted or a day following that day;

the working credit balance mentioned in paragraph (c), or the student income bank balance mentioned in that paragraph to the extent that it does not exceed the threshold amount (see subsection (7)), becomes the opening balance of the working credit applicable to the person on the participation day.

Opening balance following cessation of fulltime study by youth allowance recipient

 (5) If:

 (a) a person is receiving youth allowance and is undertaking fulltime study; and

 (b) the person ceases to undertake fulltime study; and

 (c) either because of a determination made as a result of that cessation or, if no determination is necessary, because of the cessation itself, the person, on a day (the participation day):

 (i) ceases to be a person to whom the student income bank set out in Module J of the Youth Allowance Rate Calculator applies; and

 (ii) becomes a working credit participant; and

 (d) the person had a student income bank balance greater than nil immediately before the participation day;

the student income bank balance mentioned in paragraph (d), to the extent that it does not exceed the threshold amount (see subsection (7)), becomes the opening balance of the working credit applicable to the person on the participation day.

Opening balance following cessation as a new apprentice by youth allowance recipient

 (5A) If:

 (a) a person is receiving youth allowance and is a new apprentice; and

 (b) the person ceases to be a new apprentice; and

 (c) either because of a determination made as a result of that cessation or, if no determination is necessary, because of the cessation itself, the person, on a day (the participation day):

 (i) ceases to be a person to whom the student income bank set out in Module J of the Youth Allowance Rate Calculator applies; and

 (ii) becomes a working credit participant; and

 (d) the person had a student income bank balance greater than nil immediately before the participation day;

the student income bank balance mentioned in paragraph (d), to the extent that it does not exceed the threshold amount (see subsection (7)), becomes the opening balance of the working credit applicable to the person on the participation day.

Opening balance following cessation of ABSTUDY payment

 (6) If:

 (a) a person to whom the income bank under the ABSTUDY scheme applies stops being such a person; and

 (b) the person becomes a working credit participant on a day (the participation day) within 12 months after so stopping; and

 (c) immediately before so stopping, the person had a credit balance greater than nil under the scheme;

the credit balance, to the extent that it does not exceed the threshold amount (see subsection (7)), becomes the opening balance of the working credit applicable to the person on the participation day.

Threshold amount

 (7) In this section:

threshold amount means:

 (a) if, on the participation day, the person is receiving youth allowance, the person is not undertaking fulltime study and the person is not a new apprentice—$3,500; or

 (b) in any other case—$1,000.

  This section determines, in respect of each working credit participant who is receiving a social security benefit, whether, for each day in an instalment period:

 (a) there is an accrual to the participant’s working credit balance; or

 (b) the participant’s working credit balance is unaffected; or

 (c) the participant’s working credit balance is depleted;

and, if there is an accrual to, or a depletion from, the participant’s working credit balance, the amount of that accrual or depletion.

Method statement

Step 1. Work out the amount (including a nil amount) of the participant’s employment income taken, in accordance with Division 1AA, to have been received on that day.

Step 2. Multiply the amount determined under step 1 by 14. This is the participant’s rate of employment income on a fortnightly basis for the day.

Step 3. Add to the participant’s rate of employment income on a fortnightly basis for the day the participant’s rate of any other ordinary income on a fortnightly basis for the day. This is the participant’s rate of total ordinary income on a fortnightly basis for the day.

Step 4. If the participant’s rate of total ordinary income on a fortnightly basis for the day is less than $48, there is an accrual to the participant’s working credit balance for the day of an amount equal to one fourteenth of the amount by which $48 exceeds that rate. The maximum working credit balance is:

 (a) if the participant became a working credit participant on a day under subsection 1073E(2), (3), (4), (5), (5A) or (6) and on that day the participant was receiving youth allowance, the participant was not undertaking fulltime study and the participant was not a new apprentice—$3,500; or

 (b) in any other case—$1,000.

Step 5. If the participant’s rate of total ordinary income on a fortnightly basis for the day is at least $48 but does not exceed the ordinary income free area applicable to the participant for the day under the income test module of the appropriate rate calculator, the participant’s working credit balance for the day is neither increased nor reduced.

Step 6. If the participant’s rate of total ordinary income on a fortnightly basis for the day is at least $48 and exceeds the participant’s applicable ordinary income free area for the day, the participant’s working credit balance, if it is greater than nil on the day, is depleted on that day by the least of:

 (a) the amount of employment income determined under step 1; or

 (b) one fourteenth of the amount by which the participant’s rate of total ordinary income on a fortnightly basis exceeds the participant’s applicable ordinary income free area; or

 (c) the participant’s available working credit balance.

  If, under section 1073F, the working credit balance of a working credit participant is depleted on a particular day, the participant’s rate of ordinary income on a fortnightly basis for that day is reduced by the working credit depletion amount applicable to that day, determined under step 6 of the method statement, multiplied by 14.

  This section determines, in respect of each working credit participant who is receiving a social security pension, whether, for each day in an instalment period:

 (a) there is an accrual to the participant’s working credit balance; or

 (b) the participant’s working credit balance is unaffected; or

 (c) the participant’s working credit balance is depleted;

and, if there is an accrual to, or a depletion from, the participant’s working credit balance, the amount of that accrual or depletion.

Method statement

Step 1. Work out the amount (including a nil amount) of the participant’s employment income taken, in accordance with Division 1AA, to have been received on that day.

Step 2. Multiply the amount determined under step 1 by 364. This is the participant’s rate of employment income on a yearly basis for the day.

Step 3. Add to the participant’s rate of employment income on a yearly basis for the day the participant’s rate of any other ordinary income on a yearly basis for the day. This is the participant’s rate of total ordinary income on a yearly basis for the day.

Step 4. Divide the participant’s rate of total ordinary income on a yearly basis for the day by 26. This is the participant’s rate of total ordinary income, expressed on a fortnightly basis, for the day.

Step 5. Divide the yearly ordinary income free area applicable to the participant for the day under the ordinary income test module of the appropriate rate calculator by 26. This is the participant’s applicable ordinary income free area, expressed on a fortnightly basis, for the day.

Step 6. If the participant’s rate of total ordinary income, expressed on a fortnightly basis, for the day, is less than $48, there is an accrual to the participant’s working credit balance, for the day, of an amount equal to one fourteenth of the amount by which $48 exceeds that rate. The maximum working credit balance is $1,000.

Step 7. If the participant’s rate of total ordinary income, expressed on a fortnightly basis, for the day, is at least $48 but does not exceed the participant’s applicable ordinary income free area, expressed on a fortnightly basis for the day in accordance with step 5, the participant’s working credit balance for the day is neither increased nor reduced.

Step 8. If the participant’s rate of total ordinary income, expressed on a fortnightly basis, for the day, is at least $48 and exceeds the participant’s applicable ordinary income free area, expressed on a fortnightly basis for the day in accordance with step 5, the participant’s working credit balance, if it is greater than nil on the day, is depleted on that day by the least of:

 (a) the amount of employment income determined under step 1; or

 (b) one fourteenth of the amount by which the participant’s rate of total ordinary income, expressed on a fortnightly basis, exceeds the participant’s applicable ordinary income free area, expressed on that basis; or

 (c) the participant’s available working credit balance.

  If, under section 1073H, the working credit balance of a working credit participant is depleted on a particular day, the participant’s rate of ordinary income on a yearly basis for that day is reduced by the working credit depletion amount applicable to that day, determined under step 8 of the method statement, multiplied by 364.

  If:

 (a) a person receiving disability support pension, carer payment, youth allowance or jobseeker payment is a working credit participant; and

 (b) either:

 (i) the participant commences to be taken, under a provision of this Act, to receive employment income; or

 (ii) there is an increase in the employment income that is taken, under a provision of this Act, to be received by the participant; and

 (c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs; and

 (d) but for the commencement or increase, the participant would have continued to be qualified for the payment mentioned in paragraph (a) until the earlier of:

 (i) a day determined under Division 8 or 9 of Part 3 of the Administration Act; or

 (ii) the day on which the participant’s working credit balance is reduced to nil;

the participant is to be treated as if he or she had continued to be so qualified until the earlier of the days determined as referred to in subparagraphs (d)(i) and (ii).

 (1) If:

 (a) a person carries on a business; and

 (b) the value of all the trading stock on hand at the end of a tax year is greater than the value of all the trading stock on hand at the beginning of that tax year;

the person’s ordinary income for that tax year in the form of profits from the business is to include the amount of the difference in values.

 (2) If:

 (a) a person carries on a business; and

 (b) the value of all the trading stock on hand at the end of a tax year is less than the value of all the trading stock on hand at the beginning of that tax year;

the person’s ordinary income for that tax year in the form of profits from the business is to be reduced by the amount of the difference in values.

 (1) Subject to subsection (2), if a person carries on a business, the person’s ordinary income from the business is to be reduced by:

 (a) losses and outgoings that relate to the business and are allowable deductions for the purposes of section 81 of the Income Tax Assessment Act 1997; and

 (b) amounts that relate to the business and can be deducted in respect of plant (within the meaning of the Income Tax Assessment Act 1997) under Division 40 of that Act; and

 (c) amounts that relate to the business and are allowable deductions under section 29060 of the Income Tax Assessment Act 1997.

 (2) If, under Division 1B, a person is taken to receive ordinary income on a financial investment, that ordinary income is not to be reduced by the amount of any expenses incurred by the person because of that investment.

Note: For financial investment see subsection 9(1).

 (3) If a person’s ordinary income for a period includes rental income from a property that is not business income, the person’s ordinary income from that property is to be reduced by losses and outgoings that relate to the property and are allowable deductions for the purposes of section 81 of the Income Tax Assessment Act 1997 for that period.

 (4) If the amount of the allowable deductions relating to a property for a period under section 81 of the Income Tax Assessment Act 1997 exceeds the amount of the rental income from the property for that period, the amount of the ordinary income from the property for that period is taken to be nil.

 (1) This section applies to a person who is not a member of a couple.

 (2) A person who has financial assets is taken, for the purposes of this Act, to receive ordinary income on those assets in accordance with this section.

 (3) If the total value of the person’s financial assets is equal to or less than the person’s deeming threshold, the ordinary income the person is taken to receive per year on the financial assets is the amount worked out by multiplying the value of those assets by the below threshold rate.

 (3A) If the total value of the person’s financial assets exceeds the person’s deeming threshold, the ordinary income that the person is taken to receive is worked out as follows:

Method statement

Step 1. Multiply the person’s deeming threshold by the below threshold rate.

 Note 1: For deeming threshold see subsection 1081(1).

 Note 2: For below threshold rate see subsection 1082(1).

Step 2. Subtract the deeming threshold from the total value of the person’s financial assets.

 Note: For deeming threshold see subsection 1081(1).

Step 3. Multiply the remainder worked out at Step 2 by the above threshold rate.

 Note: For above threshold rate see subsection 1082(2).

Step 4. The total of the amounts worked out at Steps 1 and 3 represents the ordinary income the person is taken to receive per year on the financial assets.

 (3B) However, if subsection 1118(2) applies in relation to the person and:

 (a) the person has financial assets that are proceeds:

 (i) from the sale of the person’s principal home; and

 (ii) described in paragraph 1118(2)(a) or (c); and

 (b) the earlier of the times mentioned in that paragraph has not occurred for the person and the proceeds;

then:

 (c) those financial assets are to be disregarded for the purposes of working out the ordinary income the person is taken to receive under subsection (3) or (3A); and

 (d) the ordinary income the person is taken to receive per year on those financial assets is the amount worked out by multiplying the value of those financial assets by the below threshold rate.

 (4) The person is taken, for the purposes of this Act, to receive one fiftysecond of the sum of the amount calculated under subsection (3) or (3A) and the amount (if any) calculated under paragraph (3B)(d) as ordinary income of the person during each week.

 (1) This section applies to the members of a pensioner couple.

 (2) If one or both of the members of a couple have financial assets, the members of the couple are taken, for the purposes of this Act, to receive together ordinary income on those assets in accordance with this section.

 (3) If the total value of the couple’s financial assets is equal to or less than the couple’s deeming threshold, the ordinary income the couple is taken to receive per year on the financial assets is the amount worked out by multiplying the value of those assets by the below threshold rate.

 (3A) If the total value of the couple’s financial assets exceeds the couple’s deeming threshold, the ordinary income that the couple is taken to receive is worked out as follows:

Method statement

Step 1. Multiply the couple’s deeming threshold by the below threshold rate.

 Note 1: For deeming threshold see subsection 1081(2).

 Note 2: For below threshold rate see subsection 1082(1).

Step 2. Subtract the deeming threshold from the total value of the couple’s financial assets.

 Note: For deeming threshold see subsection 1081(2).

Step 3. Multiply the remainder worked out at Step 2 by the above threshold rate.

 Note: For above threshold rate see subsection 1082(2).

Step 4. The total of the amounts worked out at Steps 1 and 3 represents the ordinary income the couple is taken to receive per year on the financial assets.

 (3B) However, if subsection 1118(2) applies in relation to a member of the couple and:

 (a) the couple have financial assets that are proceeds:

 (i) from the sale of the principal home of a member of the couple; and

 (ii) described in paragraph 1118(2)(a) or (c); and

 (b) the earlier of the times mentioned in that paragraph has not occurred for the member of the couple and the proceeds;

then:

 (c) those financial assets are to be disregarded for the purposes of working out the ordinary income the couple is taken to receive under subsection (3) or (3A); and

 (d) the ordinary income the couple is taken to receive per year on those financial assets is the amount worked out by multiplying the value of those financial assets by the below threshold rate.

 (4) Each member of the couple is taken, for the purposes of this Act, to receive, as ordinary income during each week, an amount worked out under the following formula:

Start formula start fraction Sum of the amount calculated under subsection (3) or (3A) and the amount (if any) calculated under paragraph (3B)(d) over 52 end fraction times 0.5 end formula

 (1) This section applies to a person who is a member of a couple, other than a pensioner couple.

 (2) A person who has financial assets is taken, for the purposes of this Act, to receive ordinary income on those assets in accordance with this section.

 (3) If the total value of the person’s financial assets is equal to or less than the person’s deeming threshold, the ordinary income the person is taken to receive per year on the financial assets is the amount worked out by multiplying the value of those assets by the below threshold rate.

 (3A) If the total value of the person’s financial assets exceeds the person’s deeming threshold, the ordinary income that the person is taken to receive is worked out as follows:

Method statement

Step 1. Multiply the person’s deeming threshold by the below threshold rate.

 Note 1: For deeming threshold see subsection 1081(3).

 Note 2: For below threshold rate see subsection 1082(1).

Step 2. Subtract the deeming threshold from the total value of the person’s financial assets.

 Note: For deeming threshold see subsection 1081(3).

Step 3. Multiply the remainder worked out at Step 2 by the above threshold rate.

 Note: For above threshold rate see subsection 1082(2).

Step 4. The total of the amounts worked out at Steps 1 and 3 represents the ordinary income the person is taken to receive per year on the financial assets.

 (3B) However, if subsection 1118(2) applies in relation to the person and:

 (a) the person has financial assets that are proceeds:

 (i) from the sale of the person’s principal home; and

 (ii) described in paragraph 1118(2)(a) or (c); and

 (b) the earlier of the times mentioned in that paragraph has not occurred for the person and the proceeds;

then:

 (c) those financial assets are to be disregarded for the purposes of working out the ordinary income the person is taken to receive under subsection (3) or (3A); and

 (d) the ordinary income the person is taken to receive per year on those financial assets is the amount worked out by multiplying the value of those financial assets by the below threshold rate.

 (4) The person is taken, for the purposes of this Act, to receive one fiftysecond of the sum of the amount calculated under subsection (3) or (3A) and the amount (if any) calculated under paragraph (3B)(d) as ordinary income of the person during each week.

 (1) The deeming threshold for a person who is not a member of a couple is $30,000.

 (2) The deeming threshold for a pensioner couple is $50,000.

 (3) The deeming threshold for a member of a couple, other than a pensioner couple, is an amount equal to onehalf of the amount fixed by subsection (2).

Note: The amounts fixed by subsections (1) and (2) are indexed every 1 July. See sections 1190–1192.

 (1) For the purposes of this Division, the below threshold rate is the rate determined, by legislative instrument, by the Minister to be the below threshold rate for the purposes of this Division.

 (2) For the purposes of this Division, the above threshold rate is the rate determined, by legislative instrument, by the Minister to be the above threshold rate for the purposes of this Division.

 (3) A rate determined under this section must be in the form of a specified percentage.

 (1) Subject to subsection (2), any return on a financial asset that a person actually earns, derives or receives is taken, for the purposes of this Act, not to be ordinary income of the person.

 (2) If, because of:

 (a) a determination under subsection 1084(1); or

 (b) the operation of subsection 1084(2);

a financial investment is not to be regarded as a financial asset for the purposes of section 1076, 1077 or 1078, subsection (1) does not apply to any return on the investment that the person actually earns, derives or receives.

 (1) The Minister may determine that:

 (a) specified financial investments; or

 (b) a specified class of financial investments;

are not to be regarded as financial assets for the purposes of section 1076, 1077 or 1078.

 (2) If a financial investment is an unrealisable asset for the purposes of section 1129, 1130B or 1131, the financial asset is not to be regarded as a financial asset for the purposes of section 1076, 1077 or 1078.

 (3) A determination under subsection (1):

 (a) must be in writing; and

 (b) takes effect on the day on which it is made or on such other day (whether earlier or later) as is specified in the determination.

  The total value of a person’s listed securities and managed investments (being listed securities and managed investments that fluctuate depending on the market) (the relevant investments) is determined in accordance with the following:

 (a) an initial total valuation is to be given to the relevant investments on 1 July 1996, or when a new claim is determined, by the method set out in departmental guidelines;

 (b) that total valuation continues in effect until the relevant investments are revalued by the method set out in departmental guidelines, and that revaluation must occur:

 (i) on 20 March in each calendar year after 1996; and

 (ii) on 20 September in each calendar year after 1996; and

 (iii) when the person requests a revaluation of one or more of the person’s listed securities and managed investments; and

 (iv) following an event that affects the relevant investments and is the subject of a notice given under section 68 of the Administration Act.

 (1) This Subdivision applies to income streams that are not family law affected income streams.

 (2) However, this Subdivision does not apply to:

 (a) an assettested income stream (long term) that is an accountbased pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994; or

 (b) an assettested 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 requirements determined in an instrument under subsection 9(1EA) of this Act.

Note 1: For treatment of an income stream mentioned in subsection (2), see Division 1B.

Note 2: Part 2 of Schedule 11 to the Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.

 (1) For the purpose of working out the annual rate of ordinary income of a person from an assettest exempt income stream to which this Subdivision applies, the person is taken to receive from that income stream each year the amount worked out under section 1099, 1099A or 1099AAA.

Note: For assettest exempt income stream see sections 9A, 9B, 9BA and 9BB.

 (2) Sections 1099 and 1099A do not apply if:

 (a) the income stream is covered by subsection 9BA(1); or

 (b) on the income stream’s commencement day, there was a reasonable likelihood that the income stream would have been covered by subsection 9BA(1), but the income stream is no longer covered by that subsection.

Note: See section 1099AA.

  If the assettest exempt income stream to which this Subdivision applies is not a defined benefit income stream or a military invalidity pension income stream, the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment minus start fraction Purchase price over Relevant number end fraction end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

Example: Mark is 65 years old and single. He purchases an annuity for $100,000 with a term based on life expectancy (i.e. 15.41 years, which he chooses to round up to 16 years). The annuity has all the revised characteristics listed in the legislation. His annual payment from the annuity totals $9,895. Mark’s assessable income from this income stream is:

Start formula $9,895 minus open bracket start fraction $100,000 over 16 years end fraction close bracket equals $3,645 end formula

 (1) Subject to subsection (2), if the assettest exempt income stream to which this Subdivision applies is a defined benefit income stream, the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment minus Deductible amount end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

deductible amount has the meaning given by subsection 9(1).

Cap on deductible amount

 (2) If:

 (a) the defined benefit income stream is not a military defined benefit income stream; and

 (b) apart from this subsection, the deductible amount under subsection (1) in relation to the income stream for the year would exceed 10% of the amount payable to the person for the year under the income stream;

then that deductible amount is taken to be an amount equal to 10% of the amount payable to the person for the year under the income stream.

 (1) If the assettest exempt income stream to which this Subdivision applies is a military invalidity pension income stream, the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment minus Special reduction amount end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

special reduction amount means the sum of the amounts that would be the tax free components, worked out under Subdivision 307C of the Income Tax Assessment Act 1997, of the payments received from the military invalidity pension income stream during the year, if it were assumed that the military invalidity pension income stream is a superannuation income stream within the meaning of that Act.

Cap on special reduction amount

 (2) If:

 (a) the military invalidity pension income stream:

 (i) is an income stream of a kind mentioned in subparagraph 9(1G)(a)(iii); and

 (ii) is not an income stream relating to military service; and

 (b) apart from this subsection, the special reduction amount under subsection (1) in relation to the income stream for the year would exceed 10% of the amount payable to the person for the year under the income stream;

then that special reduction amount is taken to be an amount equal to 10% of the amount payable to the person for the year under the income stream.

 (1) If either of the following conditions is satisfied in relation to the assettest exempt income stream to which this Subdivision applies:

 (a) the income stream is covered by subsection 9BA(1);

 (b) on the income stream’s commencement day, there was a reasonable likelihood that the income stream would have been covered by subsection 9BA(1), but the income stream is no longer covered by that subsection;

the annual rate of ordinary income of a person from the income stream is worked out under whichever of subsections (2) and (3) is applicable.

Recipient makes election

 (2) If:

 (a) the person has elected that a particular amount is to be the payment, or the total of the payments, to be made under the income stream in respect of a period (the payment period) that:

 (i) consists of the whole or a part of a particular financial year; and

 (ii) begins on or after the income stream’s commencement day; and

 (b) the election is in force on a particular day in the payment period;

the annual rate of ordinary income of the person from the income stream on that day is worked out using the following formula:

Start formula open bracket start fraction Total payments over Days in payment period end fraction minus start fraction Purchase price over Relevant number times 365 end fraction close bracket times 365 end formula

where:

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

total payments means the payment, or the total of the payments, to be made under the income stream in respect of the payment period.

Recipient does not make election

 (3) If the person has not elected that a particular amount is to be the payment, or the total of the payments, to be made under the income stream in respect of a period (the payment period) that:

 (a) consists of the whole or a part of a particular financial year; and

 (b) begins on or after the income stream’s commencement day;

the annual rate of ordinary income of the person from the income stream on each day during the payment period is worked out using the following formula:

Start formula open bracket start fraction Default amount over Days in payment period end fraction minus start fraction Purchase price over Relevant number times 365 end fraction close bracket times 365 end formula

where:

default amount means 100% of the amount worked out for the financial year using the formula in subsection 9BA(5) (for prorating, see subsection (4)).

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

 (4) If the income stream’s commencement day is not a 1 July, the default amount (within the meaning of subsection (3)) for the financial year starting on the preceding 1 July must be reduced on a prorata basis by reference to the number of days in the financial year that are on and after the commencement day.

Exception—income stream’s commencement day happens in June

 (5) If:

 (a) the income stream’s commencement day happens in June; and

 (b) no payment is made under the income stream for the financial year in which the commencement day happens;

subsections (2), (3) and (4) do not apply in working out the annual rate of ordinary income of the person from the income stream on a day in that financial year.

 (1) For the purpose of working out the annual rate of ordinary income of a person from an assettested income stream (long term) to which this Subdivision applies, the person is taken to receive from that income stream each year the amount worked out under section 1099C or 1099D.

 (2) Sections 1099C and 1099D do not apply to an income stream if section 1099DAA applies to the income stream.

  If the assettested income stream (long term) to which this Subdivision applies is not a defined benefit income stream, the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment minus open bracket start fraction Purchase price minus Residual capital value over Relevant number end fraction close bracket end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

residual capital value has the meaning given by subsection 9(1).

Note: For treatment of assettested income streams (short term) see Division 1B of Part 3.10.

Example: Sally is 65 years old and single. She purchases a 10 year annuity for $150,000, with a residual capital value of $20,000. Her total annual annuity payment is $18,337. Sally’s assessable income from her 10 year annuity is:

Start formula $18,337 minus start fraction $150,000 minus $20,000 over 10 end fraction equals $5,337 end formula

 (1) Subject to subsection (2), if the assettested income stream (long term) to which this Subdivision applies is a defined benefit income stream, the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment minus Deductible amount end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

deductible amount has the meaning given by subsection 9(1).

Cap on deductible amount

 (2) If:

 (a) the defined benefit income stream is not a military defined benefit income stream; and

 (b) apart from this subsection, the deductible amount under subsection (1) in relation to the income stream for the year would exceed 10% of the amount payable to the person for the year under the income stream;

then that deductible amount is taken to be an amount equal to 10% of the amount payable to the person for the year under the income stream.

 (1) If:

 (a) an income stream is an assettested income stream (long term) to which this Subdivision applies; and

 (b) the income stream is an allocated pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994; and

 (c) one or more payments have been, or are to be, made under the income stream in respect of a period (the payment period) that:

 (i) consists of the whole or a part of a financial year; and

 (ii) begins on or after the income stream’s commencement day; and

 (d) on a day in the payment period, the amount worked out using the formula in subsection (2) is less than the amount worked out using the formula in subsection (3);

the annual rate of ordinary income of a person from the income stream on that day is worked out under subsection (3).

Annual rate based on total payments

 (2) For the purposes of paragraph (1)(d), the formula in this subsection is:

Start formula open bracket start fraction Total payments over Days in payment period end fraction minus start fraction Purchase price over Relevant number times 365 end fraction close bracket times 365 end formula

where:

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

total payments means the payment, or the total of the payments, made, or to be made, under the income stream in respect of the payment period.

Annual rate based on minimum amount

 (3) For the purposes of paragraph (1)(d), the formula in this subsection is:

Start formula open bracket start fraction Minimum amount over Days in payment period end fraction minus start fraction Purchase price over Relevant number times 365 end fraction close bracket times 365 end formula

where:

minimum amount means the minimum amount calculated in accordance with the method determined, by legislative instrument, by the Minister for the purposes of this definition.

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

Exception—income stream’s commencement day happens in June

 (4) If:

 (a) the income stream’s commencement day happens in June; and

 (b) no payment is made under the income stream for the financial year in which the commencement day happens;

subsections (2) and (3) do not apply in working out the annual rate of ordinary income of the person from the income stream on a day in that financial year.

  If the income stream is an assettested income stream (lifetime), the amount that the person is taken to receive from the income stream each year is worked out as follows:

Start formula Annual payment times 0.6 end formula

where:

annual payment means the amount payable to the person for the year under the income stream.

 (1) This Subdivision applies to family law affected income streams.

 (2) However, this Subdivision does not apply to:

 (a) an assettested income stream (long term) that is an accountbased pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994; or

 (b) an assettested 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 requirements determined in an instrument under subsection 9(1EA) of this Act.

Note 1: For treatment of an income stream mentioned in subsection (2), see Division 1B.

Note 2: Part 2 of Schedule 11 to the Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.

 (1) For the purpose of working out the annual rate of ordinary income of a person from an assettest exempt income stream to which this Subdivision applies, the person is taken to receive from that income stream each year:

 (a) if the income stream is not a defined benefit income stream or a military invalidity pension income stream—the amount determined by the Secretary under this paragraph; or

 (b) if the income stream is a defined benefit income stream—the amount determined by the Secretary under this paragraph; or

 (c) if the income stream is a military invalidity pension income stream—the amount determined by the Secretary under this paragraph.

 (2) In making a determination under paragraph (1)(a), (b) or (c), the Secretary must comply with any relevant decisionmaking principles in force under section 1099DD.

 (1) For the purpose of working out the annual rate of ordinary income of a person from an assettested income stream (long term) to which this Subdivision applies, the person is taken to receive from that income stream each year:

 (a) if the income stream is not a defined benefit income stream—the amount determined by the Secretary under this paragraph; or

 (b) if the income stream is a defined benefit income stream—the amount determined by the Secretary under this paragraph.

 (2) In making a determination under paragraph (1)(a) or (b), the Secretary must comply with any relevant decisionmaking principles in force under section 1099DD.

 (1) For the purpose of working out the annual rate of ordinary income of a person from an assettested income stream (lifetime) to which this Subdivision applies, the person is taken to receive from that income stream each year the amount determined by the Secretary under this subsection.

 (2) In making a determination under subsection (1), the Secretary must comply with any relevant decisionmaking principles in force under section 1099DD.

  The Secretary may, by legislative instrument, formulate principles (decisionmaking principles) to be complied with by him or her in making decisions under:

 (a) paragraph 1099DB(1)(a); or

 (b) paragraph 1099DB(1)(b); or

 (ba) paragraph 1099DB(1)(c); or

 (c) paragraph 1099DC(1)(a); or

 (d) paragraph 1099DC(1)(b); or

 (e) subsection 1099DCA(1).

 (1) This Division applies to a person if:

 (a) at any time from the beginning of 1 October 1997 until the end of 5 November 1997, the person became liable to pay an accommodation bond for entry to a residential care service; and

 (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 448B and Division 57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry; and

 (c) the person later made an agreement (a refund agreement) with the provider of the service that the person’s liability to pay an accommodation bond for the entry was to be replaced with a liability to pay an accommodation charge for the entry, and that any payment of any of the bond was to be refunded to the person.

Note: For accommodation bond, accommodation charge and charge exempt resident, see subsection 11(1).

 (2) This Division also applies to a person if the Secretary is satisfied that:

 (a) on or before 5 November 1997, the person sold his or her principal home for the sole or principal purpose of raising money to pay an accommodation bond for entry to a residential care service; and

 (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 448B and Division 57A of the Aged Care Act 1997 been in force at the time of the entry.

Note: For accommodation bond, accommodation charge and charge exempt resident, see subsection 11(1).

 (3) This Division also applies to the partner of a person covered by subsection (1) or (2) (even if the person so covered is now deceased).

 (4) For the purposes of subsection (2), the time at which a person sells his or her home is the time when he or she comes under a legal obligation to transfer the home to the buyer.

  The person’s exempt bond amount (see section 1099H) does not count as income of the person for the purposes of this Act.

Note: Income is otherwise defined in section 8.

 (1) For the purposes of this section, assume that the person’s exempt bond amount (see section 1099H) were a financial asset of the person.

 (2) The person’s ordinary income for a year is reduced by the amount of ordinary income taken to be received on the asset for the year, as worked out under Division 1B (income from financial assets (including income streams (short term) and certain income streams (long term)).

 (3) In working out that reduction, assume that the total value of the person’s financial assets exceeded the person’s deeming threshold (deeming threshold is a term used in Division 1B).

 (1) The following is how to work out a person’s exempt bond amount.

 (2) If the person is covered by subsection 1099E(1) (but not subsection 1099E(2)), the person’s exempt bond amount is any amount of accommodation bond payment refunded to the person under the refund agreement mentioned in that subsection.

 (3) If the person is covered by subsection 1099E(2) (but not subsection 1099E(1)), the person’s exempt bond amount is the gross proceeds of the sale mentioned in that subsection, less:

 (a) any costs incurred in the course of the sale; and

 (b) the amount of any debt the person or the person’s partner owed immediately before the sale, so far as the debt was secured by the home at that time.

 (4) If the person is covered by both subsections 1099E(1) and (2), the person’s exempt bond amount is the greater of the 2 amounts worked out under subsections (2) and (3) of this section.

 (5) If the person is covered by subsection 1099E(3), the person’s exempt bond amount is equal to the exempt bond amount of the person’s partner, as worked out under subsection (2), (3) or (4) of this section.

 (6) But in all of the above cases, if the person currently has a partner (who is not deceased), the person’s exempt bond amount is half of what it would otherwise be.

 (1) This Division applies to an amount (the refunded amount) that is refunded as mentioned in paragraph 561(kc) or 563(ic) of the Aged Care Act 1997 (as in force before 1 July 2014) to a person because the person is or was a charge exempt resident.

Note: For charge exempt resident, see subsection 11(1).

 (2) This Division also applies to an amount (also called the refunded amount) that is paid to a person under paragraph 448A(6)(b) of the Aged Care (Transitional Provisions) Act 1997 because the person is or was a charge exempt resident.

Note: For charge exempt resident, see subsection 11(1).

 (3) To avoid doubt, this Division does not apply if the amount is paid to the person’s estate or to any other person.

  The refunded amount does not count as income of the person for the purposes of this Act.

Note: Income is otherwise defined in section 8.

 (1) For the purposes of this section, assume that the refunded amount were a financial asset of the person.

 (2) The person’s ordinary income for a year is reduced by the amount of ordinary income taken to be received on the asset for the year, as worked out under Division 1B (income from financial assets (including income streams (short term) and certain income streams (long term)).

 (3) In working out that reduction, assume that the total value of the person’s financial assets exceeded the person’s deeming threshold (deeming threshold is a term used in Division 1B).

  This Division applies in relation to a person who is a charge exempt resident at any time, whether before or after the commencement of the Division.

 (1) If:

 (a) the rate of a payment to be made to a person under this Act is being worked out for a calculation day; and

 (b) an amount received by the person in a foreign currency needs to be taken into account in working out the rate;

the value in Australian currency of the amount received is to be determined in accordance with this section.

 (2) Except in the case of:

 (a) amounts received in a foreign currency in respect of which the Secretary determines that it is not appropriate for this subsection to apply; or

 (b) a payment, or class or kind of payments, received in a foreign currency, being a payment or a class or kind of payments in respect of which the Secretary determines that it is not appropriate for this subsection to apply;

the value in Australian currency of the amount received is to be calculated using the appropriate market exchange rate for the foreign currency on the fifth business day before the calculation day.

 (3) For the purposes of subsection (2), the appropriate market exchange rate on a particular day for a foreign currency to which subsection (2) applies is:

 (a) if there is an ondemand airmail buying rate for the currency available at the Commonwealth Bank of Australia at the start of business in Sydney on that day and the Secretary determines it is appropriate to use that rate—that rate; or

 (b) in any other case:

 (i) if there is another rate of exchange for the currency, or there are other rates of exchange for the currency, available at the Commonwealth Bank of Australia at the start of business in Sydney on that day and the Secretary determines it is appropriate to use the other rate or one of the other rates—the rate so determined; or

 (ii) otherwise—a rate of exchange for the currency available from another source at the start of business in Sydney on that day that the Secretary determines it is appropriate to use.

 (4) In the case of a foreign currency or a payment in a foreign currency in respect of which the Secretary has determined that it is not appropriate for subsection (2) to apply, the value in Australian currency of the amount received is to be calculated using a rate of exchange that the Secretary determines to be appropriate.

 (5) The Secretary may make written determinations for the purposes of this section.

 (6) In this section:

business day means a day other than:

 (a) a Saturday; or

 (b) a Sunday; or

 (c) a day that is a public holiday or bank holiday in Canberra or Sydney.

calculation day means the first business day for each month.

month means one of the 12 months of the calendar year.

 (1) This section applies if, for the purposes of working out for a calculation day the rate of a payment to be made to a person under this Act, it is necessary to take account of a payment (the foreign payment):

 (a) that the person received from a source overseas; and

 (b) that was originally denominated in a foreign currency but was received by the person in Australian currency.

 (2) For those purposes, the value in Australian currency of the foreign payment is taken to be the value that would have been determined under section 1100 had the person received the foreign payment in the foreign currency.

 (3) Subsection (2) has effect regardless of the amount of the foreign payment actually received by the person in Australian currency.

 (4) In this section:

calculation day has the same meaning as in section 1100.

 (1) For the purposes of this Act, a person disposes of ordinary income of the person if:

 (a) the person engages in a course of conduct that directly or indirectly:

 (i) destroys the source of the income; or

 (ii) disposes of the income or the source of the income; or

 (iii) diminishes the income; and

 (b) one of the following subparagraphs is satisfied:

 (i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

 (ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

 (iii) the Secretary is satisfied that the person’s purpose, or the person’s dominant purpose, in engaging in that course of conduct was to obtain a social security advantage.

 (2) For the purposes of subsection (1), a person has a purpose of obtaining a social security advantage if the person has a purpose of:

 (a) obtaining, or enabling the person’s partner to obtain, a social security pension, a social security benefit, a youth training allowance, a service pension, income support supplement or a veteran payment; or

 (b) obtaining, or enabling the person’s partner to obtain, a social security pension, a social security benefit, a youth training allowance, a service pension, income support supplement or a veteran payment at a higher rate than that which would otherwise have been payable; or

 (c) ensuring that the person or the person’s partner would be qualified for fringe benefits for the purposes of this Act or the Veterans’ Entitlements Act.

 (3) Paragraph (1)(a) does not apply if:

 (a) the source of the income is a deprived asset, or

 (b) the income is earned, derived or received from a transaction involving a deprived asset.

Note: For amount of disposition see section 1107.

  If a person disposes of ordinary income, the amount of the disposition is the amount that, in the Secretary’s opinion, is:

 (a) if the person receives no consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution; or

 (b) if the person receives consideration for the destruction, disposal or diminution—the annual rate of the diminution of the income because of the destruction, disposal or diminution less the part (if any) of the consideration that the Secretary considers to be fair and reasonable in all the circumstances of the case.

  If a person who is not a member of a couple has disposed of ordinary income of the person, the amount of that disposition is to be included in the person’s ordinary income for the purposes of this Act.

Note 1: For disposes of ordinary income see section 1106.

Note 2: For amount of disposition see section 1107.

Note 3: For ordinary income see subsection 8(1): ordinary income includes investment income but does not include maintenance income.

 (1) Subject to subsections (1A), (1B), (2), (3) and (4), if a person who is a member of a couple has disposed of ordinary income of the person:

 (a) 50% of the amount of the disposition is to be included in the person’s ordinary income; and

 (b) 50% of the amount of the disposition is to be included in the person’s partner’s ordinary income.

Note 1: For disposes of ordinary income see section 1106.

Note 2: For amount of disposition see section 1107.

 (1A) Subject to subsection (3), for the purposes of the application of this Act in relation to a person’s rate of social security benefit, if:

 (a) a person who is a member of a couple has disposed of ordinary income of the person; and

 (b) the amount of the disposition is not greater than the least amount that, if added to the person’s ordinary income (disregarding this section), would cause the person’s rate of benefit to be reduced to nil;

the amount of the disposition is to be included in the person’s ordinary income.

 (1B) Subject to subsection (3), for the purposes of the application of this Act in relation to a person’s rate of social security benefit, if:

 (a) a person who is a member of a couple has disposed of ordinary income of the person; and

 (b) the amount of the disposition is greater than the least amount that, if added to the person’s ordinary income (disregarding this section), would cause the person’s rate of benefit to be reduced to nil;

then:

 (c) the second of the amounts referred to in paragraph (b) is to be included in the person’s ordinary income; and

 (d) the difference between the 2 amounts referred to in paragraph (b) is to be included in the person’s partner’s ordinary income.

 (2) If:

 (a) amounts are included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person’s partner’s ordinary income because the person has disposed of ordinary income; and

 (b) the person and the person’s partner cease to be members of the same couple;

any amount that was included in the ordinary income of the person’s former partner because of the disposition is to be included in the person’s ordinary income.

 (3) If:

 (a) amounts are included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person’s partner’s ordinary income because the person has disposed of ordinary income; and

 (b) the person dies;

no amount is to be included in the ordinary income of the person’s partner because of the disposition.

 (4) If:

 (a) an amount is included under subsection (1) in the ordinary income of a person who is a member of a couple and in the person’s partner’s ordinary income because the person has disposed of ordinary income; and

 (b) the person’s partner dies;

any amount that would, if the person’s partner had not died, be included in the ordinary income of the person’s partner because of the disposition is to be included in the person’s ordinary income.

Note: For ordinary income see subsection 8(1): ordinary income includes investment income but does not include maintenance income.

  This Division does not apply to a disposition of ordinary income that took place:

 (a) more than 5 years before the time when:

 (i) the person who disposed of the ordinary income; or

 (ii) if the person who disposed of the ordinary income was, at the time of disposition, a member of a couple—the person’s partner;

  became qualified for a social security pension; or

 (b) less than 5 years before the time referred to in paragraph (a) and before the time when the Secretary is satisfied that the person who disposed of the ordinary income could reasonably have expected that the person or the person’s partner would become qualified for such a pension.

 (1) In calculating the value of a person’s assets for the purposes of this Act (other than sections 198F to 198MA (inclusive), Division 1B of Part 3.10, Division 2 and sections 1133 and 1135A), disregard the following:

 (a) if the person is not a member of a couple—the value of any right or interest of the person in the person’s principal home that is a right or interest that gives the person reasonable security of tenure in the home;

 (b) if the person is a member of a couple—the value of any right or interest of the person in one residence that is the principal home of the person, of the person’s partner or of both of them that is a right or interest that gives the person or the person’s partner reasonable security of tenure in the home;

 (c) the value of any life interest of the person other than:

 (i) a life interest in the principal home of the person, of the person’s partner or of both of them; or

 (ii) a life interest created by the person, by the person’s partner or by both of them; or

 (iii) a life interest created on the death of the person’s partner;

 (d) the value of any assettest exempt income stream of the person, other than a partially assettest exempt income stream;

 (da) half of the value of any partially assettest exempt income stream of the person;

 (e) any amount that is:

 (i) received by the person within the immediately preceding period of 90 days; and

 (ii) is excluded from the definition of income in subsection 8(1) by subsection 8(4) or (5);

 (f) the value of the person’s investment in:

 (i) a superannuation fund; or

 (ii) an approved deposit fund; or

 (iv) an ATO small superannuation account;

  until the person:

 (v) reaches pension age; or

 (vi) starts to receive a pension or annuity out of the fund;

 (g) if:

 (i) the person has a granny flat interest in the person’s principal home; and

 (ii) the granny flat interest gives the person reasonable security of tenure in the home; and

 (iii) the person acquired or retained the granny flat interest before 22 August 1990;

  the value of the granny flat interest;

 (ga) if:

 (i) the person has a granny flat interest in the person’s principal home; and

 (ii) the person is a person to whom subsection 1150(2), 1151(2), 1152(2), 1152(5), 1153(2), 1154(2), 1155(2), 1156(2) or 1157(2) applies;

  the value of the granny flat interest;

Note: A person described in subparagraph (ii) will have acquired or retained the granny flat interest on or after 22 August 1990 (see section 1145A).

 (gb) if:

 (i) the person is a sale leaseback resident; and

 (ii) the person is a person to whom subsection 1150(2), 1151(2), 1152(2), 1152(5), 1153(2), 1154(2), 1155(2), 1156(2) or 1157(2) applies;

  the value of any right or interest of the person in the sale leaseback home;

 (h) the value of any contingent, remainder or reversionary interest of the person (other than an interest created by the person, by the person’s partner or by both of them);

 (j) the value of any assets (other than a contingent, remainder or reversionary interest) to which the person is entitled from the estate of a deceased person but which has not been, and is not able to be, received;

 (k) the value of any medal or other decoration awarded (whether to the person or another person) for valour that is owned by the person otherwise than for the purposes of investment or a hobby;

 (m) the value of:

 (i) any cemetery plot acquired by the person for the burial of the person or the person’s partner; and

 (ii) any funeral expenses paid in advance by the person in respect of the funeral of the person or the person’s partner;

 (ma) an amount invested in an exempt funeral investment and any return on the investment;

 (n) if:

 (i) personal property of the person is designed for use by a disabled person; and

 (ii) the person, the person’s partner, a dependent child of the person or a dependent child of the person’s partner is disabled;

  the value of the property;

 (p) if:

 (i) personal property of the person is modified so that it can be used by a disabled person; and

 (ii) the person, the person’s partner, a dependent child of the person or a dependent child of the person’s partner is disabled;

  the part of the value of the property that is attributable to the modifications;

 (q) if the person is provided with a motor vehicle under the scheme administered by the Commonwealth known as the gift car scheme—the value of that motor vehicle;

 (r) if the person has sold a residence that was the principal home of the person on terms and has purchased, also on terms, another residence that is the principal home of the person—so much of the balance due to the person in respect of the sale as will be applied by the person in respect of the purchase of the other residence;

 (s) the amount of any insurance or compensation payments received by the person because of the loss of or damage to buildings, plant or personal effects within the immediately preceding 12 months or such longer period as the Secretary determines for any special reason for a particular payment;

 (sa) if subsection (1AB) applies (application of insurance etc. payments to rebuilding etc.)—the amount worked out under that subsection, during the period mentioned in subsection (1AC);

 (sb) if a person has received an NDIS amount—the amount worked out under subsection (1AD);

 (t) the value of any native title rights and interests of the person, or of a community or group of which the person is a member;

 (u) the amount of any accommodation bond balance in respect of an accommodation bond paid by the person;

 (v) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person.

Note 1: For granny flat interest see subsection 12A(2).

Note 2: For principal home see section 11A.

Note 3: For reasonable security of tenure see subsection 11A(10).

Note 4: For exempt funeral investment see section 19E.

Application of insurance etc. payments to rebuilding etc.

 (1AA) Subsection (1AB) applies if:

 (a) a person receives any insurance or compensation payments because of loss of or damage to a building (including the person’s principal home) or plant; and

 (b) either:

 (i) if the building or plant was lost—the person applies the whole or a part of those payments to build another building or plant to replace the building or plant that was lost; or

 (ii) if the building or plant was damaged—the person applies the whole or a part of those payments to rebuild, repair or renovate the building or plant.

 (1AB) For the purposes of paragraph (1)(sa), the amount that may be disregarded is:

 (a) the value of the building or plant that is being built, rebuilt, repaired or renovated, to the extent that those payments are so applied; and

 (b) if a building whose value is being disregarded under paragraph (a) of this subsection is to be the person’s principal home:

 (i) the value of the land on which the building is being built, rebuilt, repaired or renovated to the extent that, once the building becomes the person’s principal home, the land will, under section 11A, be included in a reference to the principal home; and

 (ii) the value of any other structure, on that land, that is to be the person’s principal home to the extent that the structure was built before the person began applying the payments.

 (1AC) For the purposes of paragraph (1)(sa), the amount worked out under subsection (1AB) may be disregarded during the period:

 (a) beginning when the payments are received; and

 (b) ending at the earlier of the following times:

 (i) 12 months, or such longer period as the Secretary determines for any special reason, after that time;

 (ii) when the building, rebuilding, repair or renovation of the building or plant is complete.

NDIS amounts

 (1AD) For the purposes of paragraph (1)(sb), the amount that may be disregarded is the value of the sum of:

 (a) the NDIS amounts received by the person; and

 (b) any return on those amounts that the person earns, derives or receives;

less the sum of the amounts spent by the person in accordance with an NDIS plan (whether in the person’s capacity as an NDIS participant or as a person managing the funding under an NDIS plan for an NDIS participant).

Definitions

 (1A) In this section:

native title rights and interests means:

 (a) native title rights and interests within the meaning of section 223 of the Native Title Act 1993;

 (b) any rights and interests of a similar nature under any law of a State, a Territory or a foreign country (whether or not the rights and interests relate to land or waters outside Australia);

but, to avoid any doubt, does not include any right or interest in a lease or licence, or in a freehold estate.

partially assettest exempt income stream means:

 (a) an assettest exempt income stream that:

 (i) is an income stream (other than a defined benefit income stream or a military invalidity pension income stream) covered by subsection 9A(1) or (1A), 9B(1) or 9BA(1); and

 (ii) has a commencement day during the period from 20 September 2004 to 19 September 2007 (both dates inclusive); and

 (iii) is not covered by principles (if any) determined for the purposes of this subparagraph, by legislative instrument, by the Secretary; or

 (b) an income stream that:

 (i) has a commencement day happening on or after 20 September 2007; and

 (ii) is covered by principles determined for the purposes of this subparagraph, by legislative instrument, by the Secretary.

Application of proceeds of sale of principal home

 (1B) Subsection (2) applies if:

 (a) a person sells the person’s principal home; and

 (b) either:

 (i) the person does not have a right or interest in a principal home; or

 (ii) the person has a right or interest in a principal home that the Secretary is satisfied does not give the person reasonable security of tenure in the home; and

 (c) before the end of 24 months, or any longer period determined under subsection (2B), after the sale, one or more of the following applies:

 (i) the person intends to apply the whole or a part of the proceeds of the sale to build, rebuild, repair or renovate another residence that is to be the person’s principal home;

 (ii) the person applies the whole or a part of the proceeds of the sale to build, rebuild, repair or renovate another residence that is to be the person’s principal home;

 (iii) the person intends to apply the whole or a part of the proceeds of the sale to purchase another residence that is to be the person’s principal home.

 (2) For the purposes of this Act (other than Division 1B of Part 3.10):

 (a) if subparagraph (1B)(c)(i) applies—disregard the proceeds, to the extent that the person intends to apply those proceeds to build, rebuild, repair or renovate the other residence, until the earlier of the following times:

 (i) the period mentioned in paragraph (1B)(c) ends;

 (ii) the Secretary becomes satisfied that the person has ceased to have that intention; or

 (b) if subparagraph (1B)(c)(ii) applies—disregard the value of the following, until the end of the period mentioned in paragraph (1B)(c), to the extent that the person applies those proceeds to build, rebuild, repair or renovate that other residence:

 (i) the value of the other residence;

 (ii) the value of the land on which the other residence is being built, rebuilt, repaired or renovated to the extent that, once the building becomes the person’s principal home, the land will, under section 11A, be included in a reference to the principal home;

 (iii) the value of any other structure, on that land, that is to be the person’s principal home to the extent that the structure was built before the person began applying those proceeds; or

 (c) if subparagraph (1B)(c)(iii) applies—disregard the proceeds, to the extent that the person intends to apply those proceeds to purchase the other residence, until the earlier of the following times:

 (i) the period mentioned in paragraph (1B)(c) ends;

 (ii) the Secretary becomes satisfied that the person has ceased to have that intention.

 (2A) Subsection (2) does not apply to the calculation of the value of a person’s assets for the purposes of sections 198F to 198MA or 1123 to 1128 (disposal of assets).

 (2B) For the purposes of subsection (1B), the Secretary may determine, in writing, a period of up to 36 months if:

 (a) a person who has sold his or her principal home is making reasonable attempts to purchase, build, repair or renovate another residence; and

 (b) the person has been making those attempts within a reasonable period after selling the principal home; and

 (c) the person has experienced delays beyond his or her control in purchasing, building, repairing or renovating the other residence.

Value of certain personal effects of less than $10,000

 (3) For the purposes of this section, if:

 (a) the value of any assets of a person or, if the person is a member of a couple, of the person and the person’s partner, that consists of the contents of a principal home and of other personal effects that are used primarily within the principal home does not exceed $10,000; and

 (b) the assets are used primarily for private or domestic purposes;

the value of the assets is to be taken to be $10,000 unless the person satisfies the Secretary that the value of the assets is less than $10,000.

This section subject to sections 1145A to 1157

 (4) This section has effect subject to sections 1145A to 1157 (special residences).

 (1) The value of a person’s investment in a superannuation fund, an approved deposit fund or an ATO small superannuation account is to be disregarded in calculating the value of the person’s assets for the purposes of this Act (other than section 198H, 198HA, 198HB, 198J, 198JA, 198JB, 198K or 198L, subparagraph 263(1)(d)(iv), Division 1B of Part 3.10, or section 1124A, 1125, 1125A, 1126, 1133 or 1135A) if the investment is specified in a determination made under subsection (2).

 (2) The Minister may specify:

 (a) a specified investment in a superannuation fund, an approved deposit fund or an ATO small superannuation account; or

 (b) a specified class of investments in a superannuation fund, an approved deposit fund or an ATO small superannuation account;

in a determination for the purpose of subsection (1).

 (3) A determination under subsection (2) must be in writing.

 (4) A determination under subsection (2) takes effect on the day on which it is made or on such other day (whether earlier or later) as is specified in the determination.

 (1) In this section:

application day, in relation to a person who was a recipient of a social security payment immediately before 28 September 1995, means the day, on or after that date, on which the person applied or applies for review of the rate of that social security payment because of the expected enactment, or the operation, of this section.

 (2) Subject to subsection (3), the value of a person’s assets for the purposes of this Act (other than sections 1124A, 1125, 1125A and 1126) is reduced by the sum of any amounts received by the person from the Mark Fitzpatrick Trust.

 (3) Subsection (2) has effect, or is taken to have had effect, as the case may be:

 (a) for a person who was a recipient of a social security pension immediately before 28 September 1995—on the first pension payday after the application day; or

 (b) for a person who was a recipient of a social security payment other than a social security pension immediately before 28 September 1995—on the next day, after the application day, on which the person received or receives an instalment of the payment; or

 (c) for a person who became or becomes a recipient of a social security payment on or after 28 September 1995—on the day on which the person received or receives the first instalment of the payment.

 (1) This section applies to a person if Division 1D of Part 3.10 applies to the person.

 (2) For the purposes of this Act (other than sections 1124A, 1125, 1125A and 1126), the total value of the person’s assets is reduced by the person’s exempt bond amount (as defined by section 1099H).

 (1) This section applies to a person if Division 1E of Part 3.10 applies to the person.

 (2) For the purposes of this Act (other than sections 1124A, 1125, 1125A and 1126), the total value of the person’s assets is reduced by the refunded amount (as defined by section 1099J).

 (1) This section applies to a person’s assettested income stream if it is not a defined benefit income stream, it is not an assettested income stream (lifetime) and it is not a family law affected income stream.

Note: For defined benefit income streams, see section 1120. For assettested income streams (lifetime), see sections 1120AA and 1120AB. For family law affected income streams, see section 1120A.

 (2) The value of the income stream is, for the purposes of the assets test, worked out:

 (a) if the person receives payments from the income stream 2 or more times a year—in relation to each 6 month period of the income stream’s term; and

 (b) if the person receives a payment from the income stream only once a year—in relation to each 12 month period of the income stream’s term.

 (3) If the income stream has an account balance, the value of the income stream, for the purposes of the assets test, is the value of the account balance at the beginning of the 6 month or 12 month period (as the case requires) referred to in subsection (2).

 (4) If the income stream does not have an account balance, the value of the income stream is, for the purposes of the assets test, worked out as follows:

Start formula Purchase price minus open square bracket open round bracket start fraction Purchase price minus Residual capital value over Relevant number end fraction close round bracket times Term elapsed close square bracket end formula

where:

purchase price has the meaning given by subsection 9(1).

relevant number has the meaning given by subsection 9(1).

residual capital value has the meaning given by subsection 9(1).

term elapsed is the number of years of the term that have elapsed since the commencement day of the income stream, rounded down:

 (a) in the case of an income stream referred to in paragraph (2)(a)—to the nearest halfyear; and

 (b) in the case of an income stream referred to in paragraph (2)(b)—to the nearest whole year.

Example: Sally is 65 years old and single. She purchases a 10 year annuity for $150,000 with a residual capital value of $20,000. Her total annual annuity payment is $18,337. Monthly payments commence on 1 January. Her assessable asset for the first six months will be:

Start formula $150,000 minus open square bracket open round bracket start fraction $150,000 minus $20,000 over 10 years end fraction close round bracket times 0 year close square bracket equals $150,000 end formula

 Her assessable asset after 30 June in that year will be:

Start formula $150,000 minus open square bracket open round bracket start fraction $150,000 minus $20,000 over 10 years end fraction close round bracket times 0.5 year close square bracket equals $143,500 end formula

 (1) This section applies to a person’s assettested income stream if it is a defined benefit income stream and it is not a family law affected income stream.

Note: For family law affected income streams, see section 1120A.

 (2) The value of the income stream is, for the purposes of the assets test, worked out in relation to each 12 month period of the income stream’s term.

 (3) The value of the income stream is, for the purposes of the assets test, worked out as follows:

Start formula Annual payment times Pension valuation factor end formula

where:

annual payment means the amount payable to the person for the relevant 12 month period under the income stream.

pension valuation factor means the pension valuation factor that applies to the person in accordance with the determination made, by legislative instrument, by the Minister for the purposes of this section.

 (1) This section applies to a person’s assettested income stream (lifetime), that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993, in relation to a day that is before the person’s assessment day (within the meaning of section 1120AB) for the income stream.

Note: For assettested income stream (lifetime), see subsection 9(1).

 (2) However, this section does not apply to a family law affected income stream.

Note: For family law affected income streams, see section 1120A.

Value of income stream

 (3) Subject to this section, the value of the person’s income stream is, for the purposes of the assets test, the purchase amount for the income stream.

Purchase amount

 (4) For the purposes of this section, the purchase amount for the income stream is:

 (a) subject to paragraph (b)—if one or more amounts have been paid for the income stream, the sum of each compounded amount in relation to an amount paid for the income stream, as worked out under subsection (5), less any commuted amounts; or

 (b) if the circumstances determined in an instrument under subsection (7) apply in relation to the income stream—the amount worked out in accordance with that instrument.

 (5) A compounded amount in relation to an amount paid for the income stream is worked out by applying the following formula for each relevant adjustment day (from the earliest to the latest):

Start formula Compounded amount for the relevant adjustment day times open bracket 1 plus Relevant above threshold rate for the relevant adjustment day close bracket end formula

where:

compounded amount for the relevant adjustment day means:

 (a) for the earliest relevant adjustment day—the amount that was paid for the income stream; or

 (b) for each later relevant adjustment day—the result of applying the formula for the most recent earlier relevant adjustment day.

relevant above threshold rate for the relevant adjustment day means the following:

 (a) if the relevant adjustment day is the relevant payment day—zero;

 (b) if the relevant adjustment day is a 12month anniversary of the relevant payment day—the rate applicable under subsection 1082(2) for that relevant adjustment day, expressed as a decimal fraction.

relevant adjustment day means each of the following:

 (a) the relevant payment day;

 (b) each 12month anniversary of the relevant payment day.

relevant payment day means the day that the amount was paid for the income stream.

 (6) If the income stream is a joint income stream, then, for the purposes of applying subsections (4) and (5) to the person and to a day covered by subsection (1), an amount paid for the income stream is taken to be that amount multiplied by the proportion of the income stream attributable to the person on that day.

 (7) The Secretary may make a legislative instrument for the purposes of paragraph (4)(b).

 (1) This section applies to a person’s assettested income stream (lifetime) in relation to a day that is on or after the person’s assessment day for the income stream.

Note 1: For assettested income stream (lifetime), see subsection 9(1). For assessment day, see subsections (6) and (7) of this section.

Note 2: This section applies separately in relation to each assettested income stream (lifetime) of a person.

 (2) However, this section does not apply to a family law affected income stream.

Note: For family law affected income streams, see section 1120A.

Value of income stream

 (3) Subject to this section, the value of the person’s income stream is, for the purposes of the assets test, worked out as follows:

 (a) for a day in the period beginning on the person’s assessment day for the income stream and ending at the end of the person’s threshold day for the income stream:

  Start formula Purchase amount times 0.6 end formula

 (b) for a day after the person’s threshold day for the income stream:

  Start formula Purchase amount times 0.3 end formula

Note: For threshold day, see subsections (9) and (10). For purchase amount, see subsection (12).

 (4) The Secretary may, by legislative instrument, determine one or more methods for working out the value of an assettested income stream (lifetime) for persons to whom this section applies.

 (5) If one or more amounts worked out in accordance with the instrument are higher than the amount under subsection (3), then the value of the person’s income stream is, for the purposes of the assets test, the highest of those amounts.

Assessment day

 (6) Subject to subsection (7), for the purposes of this section, a person’s assessment day for an assettested income stream (lifetime) is:

 (a) if the income stream arises under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993—the latest of the following:

 (i) the day the person first satisfies a condition of release that is mentioned in regulations under the Superannuation Industry (Supervision) Act 1993 and is of a kind determined in an instrument under subsection (8);

 (ii) the day the first amount was paid for the income stream;

 (iii) the day the person acquired the income stream (if no amount is identifiable as having been paid for the income stream); or

 (b) otherwise:

 (i) if the commencement day in relation to the income stream is before the day the person reaches pension age—the commencement day in relation to the income stream; or

 (ii) in any other case—the latest of the day the first amount was paid for the income stream, the day the person reaches pension age and the day the person acquired the income stream (if no amount is identifiable as having been paid for the income stream).

Note: For commencement day, see subsection 9(1).

 (7) For the purposes of this section, a person’s assessment day for an assettested income stream (lifetime) that reverted to the person as a reversionary beneficiary is:

 (a) if the income stream reverted to the person on or after the commencement day in relation to the income stream—the day of the reversion; or

 (b) if the income stream reverted to the person before the commencement day in relation to the income stream and the income stream arises under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993:

 (i) if the commencement day in relation to the income stream is before the day the person first satisfies a condition of release that is mentioned in regulations under the Superannuation Industry (Supervision) Act 1993 and is of a kind determined in an instrument under subsection (8)—the commencement day in relation to the income stream; or

 (ii) in any other case—the later of the day of the reversion and the day the person first satisfies a condition of release that is mentioned in regulations under the Superannuation Industry (Supervision) Act 1993 and is of a kind determined in an instrument under subsection (8); or

 (c) if the income stream reverted to the person before the commencement day in relation to the income stream and the income stream does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993:

 (i) if the commencement day in relation to the income stream is before the day the person reaches pension age—the commencement day in relation to the income stream; or

 (ii) in any other case—the later of the day of the reversion and the day the person reaches pension age.

Note: For commencement day, see subsection 9(1).

 (8) The Secretary may, by notifiable instrument, determine a kind of condition of release for the purposes of subparagraphs (6)(a)(i) and (7)(b)(i) and (ii).

Threshold day

 (9) Subject to subsection (10), for the purposes of this section, a person’s threshold day for an assettested income stream (lifetime) is worked out using the following method statement:

Method statement

Step 1. Work out, in relation to a man aged 65 on the person’s assessment day for the income stream, the number of expected years remaining in the man’s life, by reference to the instrument in force under subsection (11) on that assessment day, rounded down to the nearest whole number of years.

 Note: The number of expected years remaining in a 65year old man’s life is used no matter how old the person is and whether the person is a man or a woman.

Step 2. Increase the number of years at step 1 by 65.

Step 3. Subject to step 4, the person’s threshold day for the income stream is the later of the following days:

 (a) the day before the person reaches the age in years worked out at step 2;

 (b) the last day of the 5year period beginning on the person’s assessment day for the income stream.

Step 4. If the income stream is a joint income stream, the person’s threshold day for the income stream is the later of the following days:

 (a) the day before the oldest of the persons, to whom a proportion of the income stream is attributable on the person’s assessment day for the income stream, reaches the age in years worked out at step 2;

 (b) the last day of the 5year period beginning on the person’s assessment day for the income stream.

 (10) If:

 (a) an assettested income stream (lifetime) reverts to a person as a reversionary beneficiary on the death of another person; and

 (b) before the death of the other person, the other person’s assessment day for the income stream had occurred;

then:

 (c) if, before the death of the other person, the other person’s threshold day for the income stream had not occurred—the reversionary beneficiary’s threshold day for the income stream is taken to be the day that would have been the other person’s threshold day if the other person had not died; and

 (d) if, before the death of the other person, the other person’s threshold day for the income stream had occurred—the reversionary beneficiary’s threshold day for the income stream is taken to be the other person’s threshold day; and

 (e) if the reversionary beneficiary’s assessment day for the income stream worked out under subsection (7) is on or after the reversionary beneficiary’s threshold day for the income stream worked out under paragraph (c) or (d) of this subsection:

 (i) paragraph (3)(a) is taken not to apply to the reversionary beneficiary and the income stream; and

 (ii) paragraph (3)(b) is taken to apply to the reversionary beneficiary and the income stream for a day that is on or after the reversionary beneficiary’s assessment day for the income stream.

 (11) The Secretary may make a notifiable instrument for the purposes of step 1 of the method statement in subsection (9). If there are Life Tables published by the Australian Government Actuary, the Secretary must be satisfied that the instrument is consistent with the latest of those Life Tables.

Purchase amount

 (12) For the purposes of this section, the purchase amount for the income stream is:

 (a) subject to paragraph (b)—if one or more amounts have been paid for the income stream—the sum of:

 (i) each compounded amount in relation to an amount paid for the income stream before the person’s assessment day for the income stream, as worked out under subsection (13); and

 (ii) each amount paid for the income stream on or after that assessment day;

  less any commuted amounts; or

 (b) if the circumstances determined in an instrument under subsection (15) apply in relation to the income stream—the amount worked out in accordance with that instrument.

 (13) A compounded amount in relation to an amount paid for the income stream before the person’s assessment day for the income stream is worked out by applying the following formula for each relevant adjustment day (from the earliest to the latest):

Start formula Compounded amount for the relevant adjustment day times open bracket 1 plus Relevant above threshold rate for the relevant adjustment day close bracket end formula

where:

compounded amount for the relevant adjustment day means:

 (a) for the earliest relevant adjustment day—the amount that was paid for the income stream; or

 (b) for each later relevant adjustment day—the result of applying the formula for the most recent earlier relevant adjustment day.

relevant above threshold rate for the relevant adjustment day means:

 (a) if the relevant adjustment day is a 12month anniversary of the relevant payment day—the rate applicable under subsection 1082(2) for that relevant adjustment day, expressed as a decimal fraction; or

 (b) if the relevant adjustment day is the assessment day—the amount worked out in accordance with the following formula:

  Start formula The rate applicable under subsection 1082(2) for that day, expressed as a decimal fraction times start fraction Relevant number of days over 365 end fraction end formula

relevant adjustment day means each of the following:

 (a) each 12month anniversary of the relevant payment day that happens before the person’s assessment day;

 (b) the person’s assessment day.

Note: For assessment day, see subsections (6) and (7).

relevant number of days means the number of days in the period:

 (a) beginning on the day after:

 (i) if the assessment day is at least 12 months after the relevant payment day—the most recent 12month anniversary of the relevant payment day; or

 (ii) otherwise—the relevant payment day; and

 (b) ending at the end of the assessment day.

relevant payment day means the day that the amount was paid for the income stream.

 (14) If the income stream is a joint income stream, then, for the purposes of applying subsections (12) and (13) to the person and to a day covered by subsection (1), an amount paid for the income stream is taken to be that amount multiplied by the proportion of the income stream attributable to the person on that day.

 (15) The Secretary may make a legislative instrument for the purposes of paragraph (12)(b).

 (1) This section applies to family law affected income streams.

 (2) The value of an income stream that is not a defined benefit income stream is, for the purposes of the assets test, determined by the Secretary.

 (3) The value of an income stream that is a defined benefit income stream is, for the purposes of the assets test, determined by the Secretary.

 (4) In making a determination under subsection (2) or (3), the Secretary must comply with any relevant decisionmaking principles in force under subsection (5).

 (5) The Secretary may, by legislative instrument, formulate principles (decisionmaking principles) to be complied with by him or her in making decisions under:

 (a) subsection (2); or

 (b) subsection (3).

 (1) This section applies to income streams covered by paragraph 1118(1)(da).

 (2) The value of such an income stream is, for the purposes of paragraph 1118(1)(da), worked out as follows:

 (a) if the income stream is a family law affected income stream—under section 1120A;

 (b) otherwise—under section 1119;

as if the income stream were an assettested income stream to which that section applied.

 (1) This section applies in calculating the value of a person’s investment in a superannuation fund if:

 (a) the fund has 4 or fewer members; and

 (b) the fund has reserves (within the meaning of section 115 of the Superannuation Industry (Supervision) Act 1993).

Note: The value of a person’s investment in a superannuation fund is only included in the value of the person’s assets after the person reaches pension age or starts to receive a pension or annuity out of the fund (see paragraph 1118(1)(f)).

 (2) Despite paragraph 1118(1)(h), the value of the person’s investment in the superannuation fund includes the following amount:

Start formula start fraction Person's interest in the fund over Total interest in the fund end fraction times Value of the fund's reserves end formula

 (3) However, if it is not possible to work out the person’s interest in the superannuation fund, the value of the person’s investment in the fund includes the following amount:

Start formula start fraction Value of the fund's reserves over Number of members in the fund end fraction end formula

 (1) If there is a charge or encumbrance over a particular asset of the person, the value of the asset, for the purposes of calculating the value of the person’s assets for the purposes of this Act (other than Division 1B of Part 3.10), is to be reduced by the value of that charge or encumbrance.

Note: This section does not apply to an asset to which section 1121A (primary production assets) applies.

 (1A) Subsection (1) does not apply to a charge that arises under section 1138.

Note: See subsection (5) for a charge that arises under section 1138.

 (2) Subsection (1) does not apply to a charge or encumbrance over an asset of a person to the extent that:

 (a) the charge or encumbrance is a collateral security; or

 (b) the charge or encumbrance was given for the benefit of a person other than the person or the person’s partner.

 (3) Subsection (1) does not apply to a charge or encumbrance over assets that are to be disregarded under section 1118.

 (3A) Subsection (1) does not apply to an asset that is an assettested income stream (longterm).

 (3B) Subsection (1) does not apply to an asset that is a partially assettest exempt income stream (within the meaning of section 1118).

 (3C) Subsection (1) does not apply to an asset that is an assettested income stream (lifetime).

 (4) If:

 (a) there is a charge or encumbrance over assets; and

 (b) the charge does not arise under section 1138; and

 (c) the assets consist of assets whose value is to be disregarded under section 1118 and other assets;

the amount to be deducted under subsection (1) is:

Start formula start fraction value of the charge or encumbrance times value of the other assets over value of all the assets end fraction end formula

 (5) If:

 (a) a person is or was participating in the pension loans scheme; and

 (b) either:

 (i) the person’s real assets are subject to a charge under section 1138; or

 (ii) if the person is a member of a couple—the couple’s real assets are subject to a charge under section 1138;

then the value of those real assets, for the purposes of calculating the value of the person’s assets for the purposes of this Act (other than Division 1B of Part 3.10), is to be reduced by the amount of the debt owed by the person under section 1135 because of that participation.

Note: If there are other charges or encumbrances over any of those real assets, there may be a further reduction under subsection (1) in the value of those assets.

 (6) This section has effect subject to sections 1145A to 1157 (special residences).

 (1) For the purposes of working out the value of a person’s assets under this Act, if:

 (a) the person is:

 (i) a primary producer; or

 (ii) a family member of a primary producer; and

 (b) the person has assets (including real property) that are, in the Secretary’s opinion, used for the purposes of carrying on that primary production; and

 (c) the person also has liabilities that are, in the Secretary’s opinion, related to the carrying on of the primary production;

then:

 (d) section 1121 does not apply in relation to the assets referred to in paragraph (b); and

 (e) those assets are taken to be a single asset (in this section called the primary production asset); and

 (f) the value of that single asset is worked out under subsection (2).

Note: For family member see subsection 23(1).

 (2) The value of a person’s primary production asset is worked out in the following way:

Method statement

Step 1. Add together the value of the assets referred to in paragraph (1)(b): the result is called the unencumbered value.

Step 2. Add together the value of the liabilities referred to in paragraph (1)(c): the result is called the total liability.

Step 3. Take the total liability away from the unencumbered value: the result is the value of the person’s primary production asset.

 (3) If the result under Step 3 of the Method statement is less than nil, the value of the primary production asset is taken to be nil.

 (1) This section applies in relation to a person and a day (the assessment day) if:

 (a) the person has reached pension age; and

 (b) the person is the owner (within the meaning of subsection 10(2) of the Life Insurance Act 1995) of a life policy covered by paragraph 9(1)(a) or (b) of that Act; and

 (c) the person became the owner of the policy after the person reached pension age; and

 (d) the sum of each amount paid for the policy (regardless of who paid the amount) in any period of 12 months exceeds 15% of the maximum death benefit that would be payable in the event of the death of the person whose life is insured on the assessment day.

 (2) The value of the life policy on the assessment day is, for the purposes of the assets test, the higher of the following:

 (a) the amount that would be payable to the person covered by paragraph (1)(b) if the policy were surrendered on that day;

 (b) the sum of each amount paid for the policy by the person covered by paragraph (1)(b), less any commuted amounts.

  If a person lends an amount after 27 October 1986, the value of the assets of the person for the purposes of this Act includes so much of that amount as remains unpaid but does not include any amount payable by way of interest under the loan.

 (1) For the purposes of this Act, a person disposes of assets of the person if:

 (a) the person engages in a course of conduct that directly or indirectly:

 (i) destroys all or some of the person’s assets; or

 (ii) disposes of all or some of the person’s assets; or

 (iii) diminishes the value of all or some of the person’s assets; and

 (b) one of the following subparagraphs is satisfied:

 (i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

 (ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

 (iii) the Secretary is satisfied that the person’s purpose, or the dominant purpose, in engaging in that course of conduct was to obtain a social security advantage.

Note: Under Division 4 of Part 3.18A, certain transfers of assets to special disability trusts can be taken not to be disposals of the assets (but this can be subject to a limit on the aggregate value of the transfers).

 (2) For the purposes of subsection (1), a person has a purpose of obtaining a social security advantage if the person has a purpose of:

 (a) obtaining a social security pension, a social security benefit, a parenting allowance, a service pension, income support supplement or a veteran payment or enabling the person’s partner or someone else of whom the person is a family member to obtain such a pension, benefit, allowance, supplement or payment, or a youth training allowance; or

 (b) obtaining a social security pension, a social security benefit, a parenting allowance, a service pension, income support supplement or a veteran payment, or enabling the person’s partner to obtain such a pension, benefit, allowance, supplement or payment, or a youth training allowance, at a higher rate than would have otherwise been payable; or

 (c) ensuring that the person or the person’s partner would be qualified for fringe benefits for the purposes of this Act or the Veterans’ Entitlements Act.

 (3) For the purposes of subsection (1), the value of a person’s granny flat interest is to be taken not to be consideration received by the person if the interest was acquired or retained before 22 August 1990.

Note: For granny flat interest see subsection 11(9).

 (4) If, under subsection 1147(1A), the value of a granny flat interest is less than the amount paid, or agreed to be paid, for the interest, then, for the purposes of this section, so much of the amount paid, or agreed to be paid, as exceeds the value of the interest is not consideration for the interest.

Note: For granny flat interest see subsection 11(9).

  If a person disposes of assets, the amount of the disposal or disposition is:

 (a) if the person receives no consideration for the destruction, disposal or diminution—an amount equal to:

 (i) the value of the assets that are destroyed; or

 (ii) the value of the assets that are disposed of; or

 (iii) the amount of the diminution in the value of the assets whose value is diminished; or

 (b) if the person receives consideration for the destruction, disposal or diminution—an amount equal to:

 (i) the value of the assets that are destroyed; or

 (ii) the value of the assets that are disposed of; or

 (iii) the amount of the diminution in the value of the assets whose value is diminished;

  less the amount of the consideration received by the person in respect of the destruction, disposal or diminution.

Note: If subsection 1209ZA(2) applies in relation to the transfer of an asset to a special disability trust, that subsection has the effect of reducing the amount of the disposal or disposition.

 (1A) This section applies only to disposals of assets that took place before 1 July 2002.

 (1) If:

 (a) a person is not a member of a couple when the person claims a pension, benefit or payment of a kind referred to in subsection 11(10A); and

 (b) the person has, during a prepension year of the person, disposed of an asset of the person; and

 (c) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the person during that prepension year, exceeds the disposal limit;

then, for the purposes of determining whether a pension, benefit or payment is payable to the person, there is to be included in the value of the person’s assets for the period of 5 years that starts on the day on which the disposition took place:

 (d) the amount by which the sum of the amount of the firstmentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made by the person during that prepension year exceeds the disposal limit; or

 (e) the amount of the firstmentioned disposition;

whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

Note 4: If a pension or benefit is payable to the person, section 1125 operates to determine the rate of payment and section 1124A ceases to apply to the person.

 (3) In this section:

disposal limit means:

 (a) in relation to assets disposed of on or after 1 March 1986 and before 1 March 1991—$2,000; and

 (b) in relation to assets disposed of on or after 1 March 1991—$10,000.

 (1) If, on or after 1 March 1986 and before 1 July 2002:

 (a) a person who is not a member of a couple has, during a pension year of the person, disposed of an asset of the person; and

 (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the person during that pension year, exceeds the disposal limit;

then, for the purposes of this Act, there is to be included in the value of the person’s assets for the period of 5 years that starts on the day on which the disposition takes place:

 (c) the amount by which the sum of the amount of the firstmentioned disposition of assets, and of the amounts (if any) of other dispositions of assets previously made by the person during that pension year, exceeds the disposal limit; or

 (d) the amount of the firstmentioned disposition;

whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

 (3) In this section:

disposal limit means:

 (a) in relation to assets disposed of on or after 1 March 1986 and before 1 March 1991—$2,000; and

 (b) in relation to assets disposed of on or after 1 March 1991—$10,000.

 (1A) This section applies only to disposals of assets that took place before 1 July 2002.

 (1) Subject to subsections (3), (4) and (5), if:

 (a) a person has disposed of an asset; and

 (b) the person is a member of a couple when the person or the person’s partner claims a pension, benefit or payment of a kind referred to in subsection 11(10A) or when the person’s partner claims a youth training allowance; and

 (c) the person disposed of the asset:

 (i) during a prepension year of the person; or

 (ii) if the person has not claimed a pension, benefit or payment of a kind referred to in subsection 11(10A) but the person’s partner has claimed such a pension, benefit or payment or has claimed a youth training allowance—during a prepension year of the person’s partner; and

 (d) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during that prepension year, exceeds the disposal limit;

then, for the purposes of determining whether a pension, benefit, payment or allowance is payable to the person:

 (e) there is to be included in the value of the person’s assets for the period of 5 years that starts on the day on which the disposition took place:

 (i) 50% of the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during that prepension year exceeds the disposal limit; or

 (ii) 50% of the amount of the firstmentioned disposition;

  whichever is the lesser amount; and

 (f) there is to be included in the value of the assets of the person’s partner for the period of 5 years that starts on the day on which the disposition took place:

 (i) 50% of the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during that prepension year exceeds the disposal limit; or

 (ii) 50% of the amount of the firstmentioned disposition;

  whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

Note 4: If a pension or benefit is payable to the person, section 1126 operates to determine the rate of payment and section 1125A ceases to apply to the person.

 (3) If:

 (a) amounts are included under subsection (1) in the value of a person’s assets who is a member of a couple and in the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the person and the person’s partner cease to be members of the same couple;

any amount that was included in the value of the person’s former partner’s assets because of that disposition is to be included in the value of the person’s assets.

 (4) If:

 (a) an amount is included under subsection (1) in the value of the assets of a person who is a member of a couple and the value of the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the person dies;

an amount is not to be included in the value of the assets of the person’s partner because of that disposition.

 (5) If:

 (a) an amount is included under subsection (1) in the value of the assets of a person who is a member of a couple and the value of the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the partner dies;

any amount that would, if the partner had not died, be included in the value of the partner’s assets because of the disposition is to be included in the value of the person’s assets.

 (6) In this section:

disposal limit means:

 (a) in relation to assets disposed of on or after 1 March 1986 and before 1 March 1991—$4,000; and

 (b) in relation to assets disposed of on or after 1 March 1991—$10,000.

 (1) Subject to subsections (3) and (4), if, on or after 1 March 1986 and before 1 July 2002:

 (a) a person who is a member of a couple has disposed of an asset of the person:

 (i) during a pension year of the person; or

 (ii) if the person is not receiving a pension, benefit or payment of a kind referred to in subsection 11(10) but the person’s partner is receiving such a pension, benefit or payment or is receiving a youth training allowance—during a pension year of the person’s partner; and

 (b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during that pension year, exceeds disposal limit;

then, for the purposes of this Act:

 (c) there is to be included in the value of the person’s assets for the period of 5 years that starts on the day on which the disposition takes effect:

 (i) 50% of the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during the pension year exceeds disposal limit; or

 (ii) 50% of the amount of the firstmentioned disposition;

  whichever is the lesser amount; and

 (d) there is to be included in the value of the assets of the person’s partner for the period of 5 years that starts on the day on which the disposition takes place:

 (i) 50% of the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the person or the person’s partner during the pension year exceeds disposal limit; or

 (ii) 50% of the amount of the firstmentioned disposition;

  whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

 (3) If:

 (a) amounts are included under subsection (1) in the value of a person’s assets who is a member of a couple and in the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the person and the person’s partner cease to be members of the same couple;

any amount that was included in the value of the person’s former partner’s assets because of that disposition is to be included in the value of the person’s assets.

 (4) If:

 (a) an amount is included under subsection (1) in the value of the assets of a person who is a member of a couple and the value of the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the person dies;

no amount is to be included in the value of the assets of the person’s partner because of that disposition.

 (5) If:

 (a) an amount is included under subsection (1) in the value of the assets of a person who is a member of a couple and the value of the assets of the person’s partner because of a disposition of an asset by the person; and

 (b) the partner dies;

any amount that would, if the partner had not died, be included in the value of the partner’s assets because of the disposition is to be included in the value of the person’s assets.

 (6) In this section:

disposal limit means:

 (a) in relation to assets disposed on or after 1 March 1986 and before 1 March 1991—$4,000; and

 (b) in relation to assets disposed of on or after 1 March 1991—$10,000.

Disposals to which section applies

 (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person who is not a member of a couple at the time of the relevant disposal.

Increase in value of assets

 (2) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the person during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the person’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

 (a) the amount of the relevant disposal;

 (b) the amount by which the sum of the amount of the relevant disposal and the amounts (if any) of other disposals of assets previously made by the person during the income year in which the relevant disposal took place, exceeds $10,000.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Previous joint disposals

 (3) If, during the income year in which the relevant disposal took place but before the time of the relevant disposal, the person was a member of a couple who jointly disposed of an asset, a reference in subsection (2) to the amounts (if any) of other disposals of assets previously made by the person during that income year includes a reference to onehalf of the amount of the joint disposal.

Disposal to which section applies

 (1) This section also applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person who is not a member of a couple at the time of the relevant disposal.

Increase in value of assets

 (2) If:

 (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals of assets made during the rolling period by the person;

less

 (b) the sum of any amounts included in the value of the person’s assets during the rolling period under section 1126AA, 1126AC or 1126AD or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the person’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

 (c) an amount equal to the excess;

 (d) the amount of the relevant disposal.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Previous joint disposals

 (3) If, during the rolling period but before the time of the relevant disposal, the person was a member of a couple who jointly disposed of an asset, the reference in paragraph (2)(a) to the amounts of any previous disposals of assets made during the rolling period by the person includes a reference to onehalf of the amount of the joint disposal.

Rolling period

 (4) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

Disposals to which section applies

 (1) If there is a disposal (the relevant disposal) on or after 1 July 2002 of an asset by:

 (a) a person who, at the time of the relevant disposal, is a member of a couple; or

 (b) the person referred to in paragraph (a) and the person who is, at that time, the partner of the person referred to in that paragraph;

subsection (2) has effect.

Increase in value of assets

 (2) Subject to this section, if the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the person, the person’s partner, or the person and the person’s partner, during the income year in which the relevant disposal took place (whether before or after they became members of the couple), exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the person and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place:

 (a) onehalf of the amount of the relevant disposal;

 (b) onehalf of the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of assets previously made by the person, the partner, or the person and the partner, during the income year in which the relevant disposal took place, exceeds $10,000.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Effect of ceasing to be member of couple

 (3) If, after the disposal referred to in paragraph (1)(a), the person and the person’s partner cease to be members of the same couple:

 (a) no amount is to be included after the cessation in the value of the assets of the former partner because of that disposal; and

 (b) any amount that would, apart from this subsection, have been so included is to be included in the value of the assets of the person.

Effect of death of person

 (4) If, after the disposal referred to in paragraph (1)(a), the person dies, no amount is to be included in the value of the assets of the person’s partner because of that disposal.

Effect of death of partner

 (5) If, after the disposal referred to in paragraph (1)(a), the person’s partner dies, any amount that, if the partner had not died, would have been included in the value of the assets of the partner because of that disposal is to be included in the value of the assets of the person.

Disposals to which section applies

 (1) If there is a disposal (the relevant disposal) on or after 1 July 2002 of an asset by:

 (a) a person who, at the time of the relevant disposal, is a member of a couple; or

 (b) the person referred to in paragraph (a) and the person who is, at that time, the partner of the person referred to in that paragraph;

subsection (2) has effect.

Increase in value of assets

 (2) Subject to this section, if:

 (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals of assets made during the rolling period by the person, the person’s partner or the person and the person’s partner;

less

 (b) the sum of any amounts included in the value of the assets of the person or of the partner during the rolling period under section 1126AA, 1126AB or 1126AC or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the person and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place:

 (c) an amount equal to onehalf of the excess;

 (d) onehalf of the amount of the relevant disposal.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Effect of ceasing to be member of couple

 (3) If, after the disposal referred to in paragraph (1)(a), the person and the person’s partner cease to be members of the same couple:

 (a) no amount is to be included after the cessation in the value of the assets of the former partner because of that disposal; and

 (b) any amount that would, apart from this subsection, have been so included is to be included in the value of the assets of the person.

Effect of death of person

 (4) If, after the disposal referred to in paragraph (1)(a), the person dies, no amount is to be included in the value of the assets of the person’s partner because of that disposal.

Effect of death of partner

 (5) If, after the disposal referred to in paragraph (1)(a), the person’s partner dies, any amount that, if the partner had not died, would have been included in the value of the assets of the partner because of that disposal is to be included in the value of the assets of the person.

Rolling period

 (6) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

 (1A) This section applies only to disposals of assets that took place before 1 July 2002.

 (1) Subject to this section, if:

 (a) a person (the relevant person) has disposed of an asset; and

 (b) the relevant person is a family member of another person (the other person) when the other person claims a youth allowance; and

 (c) the relevant person disposed of the asset during a prepension year of the other person; and

 (d) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that prepension year, exceeds $10,000;

then, for the purpose of determining whether a youth allowance is payable to the other person, there is to be included in the value of the other person’s assets for the period of 5 years that starts on the day on which the disposition took place:

 (e) the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that prepension year exceeds $10,000; or

 (f) the amount of the firstmentioned disposition;

whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

 (2) If:

 (a) amounts are included under subsection (1) in the value of the other person’s assets because of a disposition of an asset by the relevant person; and

 (b) the relevant person ceases to be a family member of the other person;

any amount that was included in the value of the other person’s assets because of the disposition ceases to be included in the value of those assets.

 (3) If:

 (a) an amount is included under subsection (1) in the value of the assets of the other person because of a disposition of an asset by the relevant person; and

 (b) the relevant person dies;

any amount that was included in the value of those assets because of the disposition ceases to be included in the value of those assets.

 (1A) This section applies only to disposals of assets that took place before 1 July 2002.

 (1) Subject to this section, if:

 (a) a person (the relevant person) has disposed of an asset during a pension year of another person (the other person) of whom the relevant person is a family member; and

 (b) the other person is receiving youth allowance; and

 (c) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that pension year, exceeds $10,000;

then, for the purposes of this Act, there is to be included in the value of the other person’s assets for the period of 5 years that starts on the day on which the disposition took place:

 (d) the amount by which the sum of the amount of the firstmentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during the pension year exceeds $10,000; or

 (e) the amount of the firstmentioned disposition;

whichever is the lesser amount.

Note 1: For disposes of assets see section 1123.

Note 2: For amount of disposition see section 1124.

 (2) If:

 (a) amounts are included under subsection (1) in the value of the other person’s assets because of a disposition of an asset by the relevant person; and

 (b) the relevant person ceases to be a family member of the other person;

any amount that was included in the value of the other person’s assets because of the disposition ceases to be included in the value of those assets.

 (3) If:

 (a) an amount is included under subsection (1) in the value of the assets of the other person because of a disposition of an asset by the relevant person; and

 (b) the relevant person dies;

any amount that was included in the value of those assets because of the disposition ceases to be included in the value of those assets.

Disposals to which section applies

 (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person (the relevant person) who is a family member of another person (the other person) who has claimed or is receiving a youth allowance.

Increase in value of assets

 (2) Subject to this section, if the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the relevant person or the other person during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purpose of determining whether a youth allowance is payable to the other person, the lesser of the following amounts is to be included in the value of the other person’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

 (a) the amount of the relevant disposal;

 (b) the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of assets previously made by the relevant person or the other person during the income year in which the relevant disposal took place, exceeds $10,000.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Effect of ceasing to be family member

 (3) If:

 (a) an amount is included under subsection (2) in the value of the other person’s assets because of a disposal of an asset by the relevant person; and

 (b) the relevant person ceases to be a family member of the other person;

any amount that was included in the value of those assets because of the disposal ceases to be included in the value of those assets.

Effect of death

 (4) If:

 (a) an amount is included under subsection (2) in the value of the other person’s assets because of a disposal of an asset by the relevant person; and

 (b) the relevant person dies;

any amount that was included in the value of those assets because of the disposal ceases to be included in the value of those assets.

Disposals to which section applies

 (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person (the relevant person) who is a family member of another person (the other person) who has claimed or is receiving youth allowance.

Increase in value of assets

 (2) If:

 (a) the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets made during the rolling period by the relevant person or the other person;

less

 (b) the sum of any amounts included in the value of the other person’s assets during the rolling period under section 1126C or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the other person’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

 (c) an amount equal to the excess;

 (d) the amount of the relevant disposal.

Note: See also section 1126E (about modification of this Division in respect of certain assets).

Effect of ceasing to be family member

 (3) If:

 (a) amounts are included under subsection (2) in the value of the other person’s assets because of a disposal of an asset by the relevant person; and

 (b) the relevant person ceases to be a family member of the other person;

any amount that was included in the value of those assets because of the disposal ceases to be included in the value of those assets.

Effect of death

 (4) If:

 (a) an amount is included under subsection (2) in the value of the other person’s assets because of a disposal of an asset by the relevant person; and

 (b) the relevant person dies;

any amount that was included in the value of those assets because of the disposal ceases to be included in the value of those assets.

Rolling period

 (5) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

 (1) This section applies if:

 (a) in respect of a disposal (the relevant disposal) of an asset, an amount (the current amount) is being included under this Division (including because of this section) in the value of the assets of a person (the affected person); and

 (b) during the 5year period referred to in subsection 1126AA(2), 1126AB(2), 1126AC(2), 1126AD(2), 1126C(2) or 1126D(2), one of the following events happens:

 (i) in the case of section 1126AA or 1126AB—the person referred to in subsection 1126AA(1) or 1126AB(1) acquires the asset or receives consideration for the asset;

 (ii) in the case of section 1126AC or 1126AD—the person referred to in paragraph 1126AC(1)(a) or 1126AD(1)(a), or the person’s partner, acquires the asset or receives consideration for the asset or they jointly acquire the asset or jointly receive consideration for the asset;

 (iii) in the case of section 1126C or 1126D—the relevant person referred to in subsection 1126C(1) or 1126D(1) acquires the asset or receives consideration for the asset; and

 (c) during that 5year period, the Secretary is notified in writing of the circumstances covered by paragraph (b).

 (2) The Secretary may, having regard to the event, determine in writing that:

 (a) from the start of the day on which the notification occurs, section 1126AA, 1126AB, 1126AC, 1126AD, 1126C or 1126D ceases to apply in respect of the relevant disposal; or

 (b) both:

 (i) from the start of the day on which the notification occurs, the current amount ceases to be included in the value of the affected person’s assets; and

 (ii) from the start of the day on which the notification occurs until the end of that 5year period, an amount specified in the determination (being an amount less than the current amount) is to be included in the value of the affected person’s assets in respect of the relevant disposal.

 (3) The Secretary must give the affected person written notice of the determination.

 (4) A determination under subsection (2) is not a legislative instrument.

  This Division does not apply to a disposition of an asset that took place:

 (a) more than 5 years before the time when:

 (i) the person who disposed of the asset; or

 (ii) if that person was, at the time when the disposition took place, a member of a couple—the person’s partner; or

 (iii) if that person was, at that time, a family member of another person who is receiving or claiming youth allowance and is not independent—the other person;

  became qualified for a social security pension or a social security benefit; or

 (b) less than 5 years before the time referred to in paragraph (a) and before the time when the Secretary is satisfied that the person who disposed of the asset could reasonably have expected that the person, the person’s partner or the other person, as the case may be, would become qualified for such a pension or benefit.

  This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).

 (1) If:

 (a) either:

 (i) a social security pension is not payable to a person because of the application of an assets test; or

 (ii) a person’s social security pension rate is determined by the application of an assets test; and

 (b) either:

 (i) sections 1108 and 1109 (disposal of income) and 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC, 1126AD and 1126E (so far as section 1126E relates to sections 1126AA, 1126AB, 1126AC and 1126AD) (disposal of assets) do not apply to the person; or

 (ii) the Secretary determines that the application of those sections to the person should, for the purposes of this section, be disregarded; and

 (c) the person, or the person’s partner, has an unrealisable asset; and

 (d) the person lodges with the Department, in a form approved by the Secretary, a request that this section apply to the person; and

 (e) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply to the person;

the Secretary must determine that this section applies to the person.

Note 1: For social security pension see subsection 23(1).

Note 2: For unrealisable asset see subsections 11(12) and (13).

 (1A) In subsection (1):

social security pension does not include a pension PP (single).

Note: Financial hardship rules for pension PP (single) are contained in sections 1130B and 1130C.

 (2) A decision under subsection (1) takes effect:

 (a) on the day on which the request under paragraph (1)(d) was lodged with the Department; or

 (b) if the Secretary so decides in the special circumstances of the case—on a day not more than 6 months before the day referred to in paragraph (a).

Value of unrealisable asset to be disregarded

 (1) If section 1129 applies to a person, the value of:

 (a) any unrealisable asset of the person; and

 (b) any unrealisable asset of the person’s partner;

is to be disregarded in working out the person’s social security pension rate.

Deduction from social security pension maximum payment rate

 (2) If section 1129 applies to a person, there is to be deducted from the person’s social security pension maximum payment rate an amount equal to the person’s adjusted annual rate of ordinary income.

Adjusted annual rate of ordinary income

 (3) A person’s adjusted annual rate of ordinary income is an amount per year equal to the sum of:

 (a) the person’s annual rate of ordinary income (other than income from assets); and

 (b) the person’s annual rate of ordinary income from assets that are not assets tested; and

 (c) either:

 (i) the person’s annual rate of ordinary income from unrealisable assets; or

 (ii) the person’s notional annual rate of ordinary income from unrealisable assets;

  whichever is the greater; and

 (d) an amount per year equal to $19.50 for each $250 of the value of the person’s assets (other than disregarded assets); and

 (e) any amounts that are not income of the person because of paragraph 8(8)(zp).

Assets tested asset

 (4) For the purposes of subsection (3), an asset is not assets tested if the value of the asset is to be disregarded under subsection 1118(1).

Notional annual rate of ordinary income from unrealisable assets

 (5) A person’s notional annual rate of ordinary income from unrealisable assets is:

 (a) the amount per year equal to 2.5% of the value of the person’s and the person’s partner’s unrealisable assets; or

 (b) the amount per year that could reasonably be expected to be obtained from a purely commercial application of the person’s and the person’s partner’s unrealisable assets;

whichever is the less.

Family farms

 (6) If:

 (a) an unrealisable asset is a farm; and

 (b) the farm is operated by a person who is a family member of the person to whom this section applies; and

 (c) it is not reasonable to expect the farm to be used for another purpose;

the Secretary, in working out the amount per year that could reasonably be expected to be obtained from a purely commercial application of the farm, is to have regard to the overall financial situation of the person operating the farm.

 (6A) If:

 (a) section 1129 applies to a person; and

 (b) the person, or the person’s partner, owns residential premises; and

 (c) the premises are an unrealisable asset; and

 (d) a family member of the person, or of the partner, lives at the premises; and

 (e) one of the following conditions is satisfied:

 (i) the family member previously provided substantial care for the person or the partner at the premises at a time when the premises were the principal home of the person or the partner;

 (ii) the family member has resided at the premises for a period of, or periods that add up to, 10 years or more;

 (iii) the family member is:

 (A) a child of the person or the partner; and

 (B) disabled;

  and the person or the partner is promoting the independent living of the family member; and

 (f) it is not reasonable to expect the premises to be sold or otherwise used to provide income support for the person;

the Secretary, in working out the amount per year that could reasonably be expected to be obtained from a purely commercial application of the premises, is to have regard to whether the family member is financially capable of obtaining suitable alternative accommodation.

Note: For family member see subsection 23(1).

 (7) Subsections (6) and (6A) do not limit the matters to which the Secretary may have regard in exercising the powers under paragraph (5)(b).

 (8) Subsection (2) applies:

 (a) subject to subsection (10); and

 (b) despite section 1064.

 (9) If:

 (a) a person has disposed of assets and section 1125, 1126, 1126AA, 1126AB, 1126AC, 1126AD or 1126E (so far as section 1126E relates to section 1126AA, 1126AB, 1126AC or 1126AD) applies to the disposition; and

 (b) the Secretary has made a determination under subparagraph 1129(1)(b)(ii) in relation to the disposition;

this section applies to the person as if the person had not disposed of the assets.

 (10) If the sum of the rate of pension that would, apart from this subsection, be payable to a person and the annual rate of ordinary income of the person exceeds the maximum payment rate, the rate so payable is to be reduced by the amount per annum of the excess.

  This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).

 (1) If:

 (a) a pension PP (single) is not payable to a person because of the application of an assets test; and

 (b) the person is not receiving and is not eligible to apply for acceptable alternative Commonwealth income support; and

 (c) either:

 (i) sections 1108 and 1109 (disposal of income) and 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC, 1126AD and 1126E (so far as section 1126E relates to sections 1126AA, 1126AB, 1126AC and 1126AD) (disposal of assets) do not apply to the person; or

 (ii) the Secretary decides that the application of those sections to the person should, for the purposes of this section, be disregarded; and

 (d) the person has an unrealisable asset; and

 (e) the person lodges with the Department, in a form approved by the Secretary, a request that this section apply to the person; and

 (f) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply to the person;

the Secretary must determine that this section applies to the person.

Note: For unrealisable asset see subsections 11(12) and (13).

 (2) A reference in subsection (1) to acceptable alternative Commonwealth income support in relation to a person is a reference to payments (other than payments under the Farm Household Support Act 2014):

 (a) that are made available by the Commonwealth by way of income support; and

 (b) the rate of which is not less than the rate of pension PP (single) that would be applicable to the person if pension PP (single) were payable to the person.

 (3) A decision under subsection (1) takes effect:

 (a) on the day on which the request under paragraph (1)(e) was lodged with the Department; or

 (b) if the Secretary so decides in the special circumstances of the case—on a day not more than 6 months before the day on which the request under paragraph (1)(e) was lodged with the Department.

Value of unrealisable asset to be disregarded

 (1) If section 1130B applies to a person, the value of any unrealisable asset of the person is to be disregarded in working out whether a pension PP (single) is payable to the person.

Deduction from pension PP (single) maximum payment rate

 (2) If section 1130B applies to a person, there is to be deducted from the person’s pension PP (single) maximum payment rate an amount equal to the person’s adjusted annual rate of ordinary income.

Note: For maximum payment rate see Step 4 of the method statement in point 1068AA1.

Adjusted annual rate of ordinary income

 (3) The person’s adjusted annual rate of ordinary income is an amount per year equal to the sum of:

 (a) the person’s annual rate of ordinary income (other than income from assets); and

 (b) the person’s annual rate of ordinary income from assets that are not assets tested; and

 (c) either:

 (i) the person’s annual rate of ordinary income from unrealisable assets; or

 (ii) the person’s notional annual rate of ordinary income from unrealisable assets;

  whichever is the greater; and

 (d) an amount per year equal to $26.00 for each $250 of the value of the person’s assets (other than disregarded assets); and

 (e) any amounts that are not income of the person because of paragraph 8(8)(zp).

Assets tested asset

 (5) For the purposes of paragraph (3)(b), an asset is not assets tested if the value of the asset is to be disregarded under subsection 1118(1).

Notional annual rate of ordinary income from unrealisable assets

 (6) A person’s notional annual rate of ordinary income from unrealisable assets is:

 (a) the amount per year equal to 2.5 per cent of the value of the person’s unrealisable assets; or

 (b) the amount per year that could reasonably be expected to be obtained from a purely commercial application of the person’s unrealisable assets;

whichever is the lesser.

 (7) Subsection (2) applies:

 (a) subject to subsection (9); and

 (b) despite section 500Q.

 (8) If:

 (a) a person has disposed of assets and section 1125, 1126, 1126AA, 1126AB, 1126AC, 1126AD or 1126E (so far as section 1126E relates to section 1126AA, 1126AB, 1126AC or 1126AD) applies to the disposition; and

 (b) the Secretary has made a determination under paragraph 1130B(1)(c) in relation to the disposition;

this section applies to the person as if the person had not disposed of the assets.

 (9) If the sum of the rate of pension PP (single) that would, apart from this subsection, be payable to a person and the annual rate of ordinary income of the person exceeds the maximum payment rate, the rate so payable is to be reduced by the amount per year of the excess.

 (1) If:

 (a) a social security benefit is not payable to a person because of the application of an assets test; and

 (b) the person is not receiving and is not eligible to apply for acceptable alternative Commonwealth income support; and

 (c) the person’s partner is not receiving and is not eligible to apply for acceptable alternative Commonwealth income support; and

 (d) either:

 (i) sections 1108 and 1109 (disposal of income) and 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC, 1126AD and 1126E (so far as section 1126E relates to sections 1126AA, 1126AB, 1126AC and 1126AD) (disposal of assets) do not apply to the person; or

 (ii) the Secretary decides that the application of those sections to the person should, for the purposes of this section, be disregarded; and

 (e) the person, or the person’s partner, has an unrealisable asset; and

 (f) the person lodges with the Department, in a form approved by the Secretary, a request that this section apply to the person; and

 (g) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply to the person;

the Secretary must determine that this section applies to the person.

Note: For unrealisable asset see subsections 11(12) and (13).

 (1A) In subsection (1):

assets test does not include the parental means test in section 1067G (Youth Allowance Rate Calculator).

 (2) A reference in subsection (1) to acceptable alternative Commonwealth income support in relation to a person is a reference to payments (other than payments under the Farm Household Support Act 2014):

 (a) that are made available by the Commonwealth by way of income support; and

 (b) the rate of which is not less than the rate of jobseeker payment, youth allowance or austudy payment that would be applicable to the person if that payment or allowance were payable to the person.

 (3) A decision under subsection (1) takes effect:

 (a) on the day on which the request under paragraph (1)(f) was lodged with the Department; or

 (b) if the Secretary so decides in the special circumstances of the case—on a day not more than 6 months before the day on which the request under paragraph (1)(f) was lodged with the Department.

Value of unrealisable asset to be disregarded

 (1) If section 1131 applies to a person, the value of:

 (a) any unrealisable asset of the person; and

 (b) any unrealisable asset of the person’s partner;

is to be disregarded in working out whether a social security benefit is payable to the person.

Deduction from social security benefit maximum payment rate

 (2) If section 1131 applies to a person, there is to be deducted from the person’s social security benefit maximum payment rate an amount equal to the person’s adjusted fortnightly rate of ordinary income.

Note: For maximum payment rate, see, for example, Step 4 of the Method statement in point 1068A1.

Adjusted fortnightly rate of ordinary income

 (3) The person’s adjusted fortnightly rate of ordinary income is an amount per fortnight equal to the sum of:

 (a) the person’s fortnightly rate of ordinary income (other than income from assets); and

 (b) the person’s fortnightly rate of ordinary income from assets that are not assets tested; and

 (c) either:

 (i) the person’s fortnightly rate of ordinary income from unrealisable assets; or

 (ii) the person’s notional fortnightly rate of ordinary income from unrealisable assets;

  whichever is the greater; and

 (d) an amount per fortnight equal to $1 for each $250 of the value of the person’s assets (other than disregarded assets); and

 (e) any amounts that are not income of the person because of paragraph 8(8)(zp).

Assets tested asset

 (4) For the purposes of paragraph (3)(b), an asset is not assets tested if the value of the asset is to be disregarded under subsection 1118(1).

Notional fortnightly rate of ordinary income from unrealisable assets

 (5) A person’s notional fortnightly rate of ordinary income from unrealisable assets is:

 (a) the amount per fortnight equal to one twentysixth of 2.5% of the value of the person’s and the person’s partner’s unrealisable assets; or

 (b) the amount per fortnight that could reasonably be expected to be obtained from a purely commercial application of the person’s and the person’s partner’s unrealisable assets;

whichever is the less.

 (6) Subsection (2) applies:

 (a) subject to subsection (8); and

 (b) despite sections 733, 1067G, 1067L and 1068.

 (7) If:

 (a) a person has disposed of assets and section 1125, 1126, 1126AA, 1126AB, 1126AC, 1126AD or 1126E (so far as section 1126E relates to section 1126AA, 1126AB, 1126AC or 1126AD) applies to the disposition; and

 (b) the Secretary has made a determination under paragraph 1131(1)(d) in relation to the disposition;

this section applies to the person as if the person had not disposed of the assets.

 (8) If the sum of the rate of benefit that would, apart from this subsection, be payable to a person and the fortnightly rate of ordinary income of the person exceeds the maximum payment rate, the rate so payable is to be reduced by the amount per fortnight of the excess.

 (1) In this Division, unless the contrary intention appears:

disposes of real assets has its ordinary meaning.

maximum payment rate means the rate worked out at Step 4 of the Method statement in Module A of the relevant Pension Rate Calculator.

nominated amount means the amount (if any) specified to be the nominated amount under paragraph 1136(1A)(b) or subsection 1137(1) (as the case may be).

pension loans scheme advance payment: see section 1134A.

pension loans scheme advance payment period, for a person, means the period of 26 fortnights starting on the day in relation to which the person’s pension loans scheme advance payment was worked out under subsection 1134A(2).

real assets, in relation to a person or couple, means the real property (including the principal home) of the person or couple in Australia that is specified under paragraph 1136(1A)(a).

 (2) For the purposes of this Division, a reference to a charge under section 1138 includes a reference to a charge continued in force by subsection 1138(3) or paragraph 1139(2A)(b).

Person not member of a couple

 (1) A person who is not a member of a couple is qualified to participate in the pension loans scheme if:

 (a) the person is receiving or is qualified for:

 (i) age pension; or

 (ii) disability support pension; or

 (iii) carer payment; and

 (c) the person has reached pension age; and

 (ca) the person is not bankrupt; and

 (cb) the person is not subject to a personal insolvency agreement under Part X of the Bankruptcy Act 1966; and

 (cc) the Secretary is satisfied that there is adequate and appropriate insurance in relation to the person’s real assets; and

 (d) either:

 (i) the Secretary is satisfied that the value of the person’s real assets (after deduction of any nominated amount) is sufficient to secure the payment of any debt that may become payable to the Commonwealth under this Division; or

 (ii) subsection (3) applies to the person.

Note 2: For real assets see subsection 1133AA(1).

Note 3: For nominated amount, see subsection 1133AA(1).

Note 4: For pension age see subsections 23(5A), (5B), (5C) and (5D).

Person member of a couple

 (2) A person who is a member of a couple is qualified to participate in the pension loans scheme if:

 (a) the person is receiving or is qualified for:

 (i) an age pension; or

 (ii) a disability support pension; or

 (iv) a carer payment; and

 (c) the person:

 (i) has reached pension age; or

 (ii) is the partner of a person who has reached pension age; and

 (ca) the person is not bankrupt; and

 (cb) the person is not subject to a personal insolvency agreement under Part X of the Bankruptcy Act 1966; and

 (cc) the Secretary is satisfied that there is adequate and appropriate insurance in relation to the couple’s real assets; and

 (d) either:

 (i) the Secretary is satisfied that the value of the couple’s real assets (after deduction of any nominated amount) is sufficient to secure the payment of any debt that may become payable to the Commonwealth under this Division; or

 (ii) subsection (3) applies to both of the members of the couple.

Note 2: For real assets see subsection 1133AA(1).

Note 3: For nominated amount, see subsection 1133AA(1).

Note 4: For pension age see subsections 23(5A), (5B), (5C) and (5D).

 (3) This subsection applies to a person if:

 (a) either:

 (i) the person is an attributable stakeholder of a company or trust (within the meaning of Part 3.18); or

 (ii) the person is a member of a couple and the other member of the couple is an attributable stakeholder of a company or trust (within the meaning of Part 3.18); and

 (b) the company or trustee has given the Commonwealth a guarantee that the company or trustee will pay any debt that may become payable to the Commonwealth by the person under this Division; and

 (c) the company’s or trustee’s liability under the guarantee is secured by a charge against specified real property of the company or trust in Australia; and

 (d) the Secretary is satisfied that the value of the specified real property is sufficient to secure the payment of any amount that may become payable by the company or trustee under the guarantee; and

 (e) the Secretary has, by writing, approved the guarantee and the charge.

Value of real property

 (4) In working out the value of real property for the purposes of subparagraph (1)(d)(i) or (2)(d)(i) or paragraph (3)(d):

 (a) disregard section 1121; and

 (b) the Secretary may take into account any charge or encumbrance over the property.

 (1) This section applies if:

 (a) a person is qualified to participate in the pension loans scheme; and

 (b) the person makes a request to participate under section 1136; and

 (c) the Secretary is satisfied that the amount of any debt that becomes payable by the person to the Commonwealth under this Division is readily recoverable.

 (1A) The rate of the pension payable to the person by operation of the scheme is to be:

 (a) if the pension will not be received in relation to a pension loans scheme advance payment period for the person:

 (i) 1.5 multiplied by the maximum payment rate; or

 (ii) a lower rate nominated by the person; or

 (b) if the pension will be received in relation to a pension loans scheme advance period for the person:

 (i) the greater of the maximum payment rate and 1.5 multiplied by the maximum payment rate less any amounts of pension loans scheme advance payment received by the person in relation to the period; or

 (ii) a lower rate nominated by the person.

Note: For the meaning of maximum payment rate, see subsection 1133AA(1).

 (2) The pension is to commence to be paid at the rate payable by operation of the scheme in respect of the first instalment period for which an instalment is paid after the request is lodged.

 (1) This section applies if a pension is payable to a person at a rate worked out under this Division.

 (2) The person is qualified for an advance payment (a pension loans scheme advance payment) of the pension if:

 (a) the person makes a request for the advance payment under section 1137AA; and

 (b) the person has not received more than one pension loans scheme advance payment in relation to a pension loans scheme advance payment period commencing during the previous 26 fortnights.

 (3) The amount of the pension loans scheme advance payment is whichever is the least of the following amounts:

 (a) if the person has not received another pension loans scheme advance payment in relation to a pension loans scheme advance payment period that commenced during the previous 26 fortnights—0.5 multiplied by the maximum payment rate payable to the person on the day in relation to which the person’s rate of pension worked out under this Division is to be paid as the pension loans scheme advance payment;

 (b) if the person has received another pension loans scheme advance payment (the previous amount) in relation to a pension loans scheme advance payment period that commenced during the previous 26 fortnights—0.5 multiplied by the maximum payment rate payable to the person on the day in relation to which the person’s rate of pension worked out under this Division is to be paid as the pension loans scheme advance payment, less the previous amount;

 (c) the maximum loan available to the person under the pension loans scheme, less the amount of the debt owed by the person under section 1135;

 (d) the amount requested by the person.

 (4) A pension loans scheme advance payment is to be paid as soon as practicable after the request under section 1137AA is made.

 (5) This section applies despite section 1061A.

Note: Section 1061A sets out other circumstances in which a person is qualified for an advance payment of a social security entitlement.

 (1) If the rate of the pension payable by operation of the pension loans scheme is more than the rate that would have been received by the person but for the operation of the scheme, the person owes a debt to the Commonwealth.

 (3) This is how to work out the amount of the debt owed by the person from time to time:

Method statement

Step 1. Work out the sum of the amount of pension received by the person from time to time under the pension loans scheme: the result is the primary loan amount.

Step 1A. Add to the primary loan amount the amount of any pension loans scheme advance payments received by the person: the result is the advance payment adjusted amount.

Step 2. Add to the advance payment adjusted amount the amount of any registration costs payable by the person under subsection 1143(4): the result is the registration cost adjusted amount.

Step 3. Take away from the registration cost adjusted amount the sum of the amount of pension (if any) that would have been received by the person but for the operation of the scheme: the result is the basic amount of debt.

Step 4. Add to the basic amount of debt the amount of interest payable. The interest payable is compound interest at the rate fixed under subsection (4) and compounding fortnightly: the result is the total amount of debt.

Step 5. From the total amount of debt take away any amount of the debt already paid to the Commonwealth: the result is the current amount of debt owed by the person.

 (4) The rate at which compound interest is payable under subsection (3) is the rate fixed from time to time by the Minister by legislative instrument.

 (1) The maximum loan available to a person under the pension loans scheme is the amount worked out using the formula:

Start formula age component amount times start fraction value of real assets over 10,000 end fraction end formula

where:

age component amount means the amount that is specified in a determination under subsection (3) and that relates to:

 (a) if the person is not a member of a couple—the age the person turned on his or her last birthday; or

 (b) if the person is a member of a couple—the age the younger member of the couple turned on his or her last birthday.

value of real assets means:

 (a) if neither subparagraph 1133(1)(d)(ii) nor subparagraph 1133(2)(d)(ii) applied to the person when the person made his or her request to participate in the pension loans scheme—the value of the real assets (after deduction of any nominated amount); or

 (b) if subparagraph 1133(1)(d)(ii) or (2)(d)(ii) applied to the person when the person made his or her request to participate in the pension loans scheme—the value of the charge referred to in paragraph 1133(3)(c).

Note 1: For real assets see subsection 1133AA(1).

Note 2: For nominated amount see subsection 1133AA(1).

 (2) For the purposes of subsection (1), the following provisions have effect:

 (a) if, but for this paragraph, the value of real assets would be an amount that exceeds $10,000 but is not a multiple of $10,000, the value is to be taken to be the next lower amount that is a multiple of $10,000;

 (b) if, but for this paragraph, the value of real assets would be less than $10,000, the value is to be taken to be nil.

 (3) The Minister may, by legislative instrument, make a determination for the purposes of the following:

 (a) the definition of age component amount in subsection (1) of this section;

 (b) the definition of age component amount in subsection 52ZCA(1) of the Veterans’ Entitlements Act 1986.

 (1) A person who wants to participate in the pension loans scheme must make a request to participate in accordance with this section.

 (1A) A request under subsection (1) must:

 (a) specify any real property that is to be included in working out the value of real assets for the purposes of sections 1133 and 1135A, or that is to be subject to a charge under section 1138; and

 (b) specify an amount (if any) to be the nominated amount for the purposes of this Division; and

 (c) specify the rate of the pension (if any) nominated by the person for the purposes of subparagraph 1134(1A)(a)(ii) or (b)(ii).

 (1B) Paragraphs (1A)(a) and (b) do not apply if subparagraph 1133(1)(d)(ii) or (2)(d)(ii) applied to the person when the person made his or her request to participate in the pension loans scheme.

 (2) The request must be signed:

 (a) if the person is not a member of a couple—by the person; or

 (b) if the person is a member of a couple—by both members of the couple.

 (3) The request must be:

 (a) in writing; and

 (b) in a form approved by the Secretary.

 (1) A person who is participating in the pension loans scheme and who wants to:

 (a) nominate an amount to be the nominated amount for the purposes of this Division; or

 (b) nominate a rate of pension for the purposes of subparagraph 1134(1A)(a)(ii) or (b)(ii); or

 (c) change the nominated amount earlier specified; or

 (d) change the rate of the pension earlier specified;

must make a request that specifies the nomination or change (as the case may be).

 (1A) Paragraphs (1)(a) and (c) do not apply if subparagraph 1133(1)(d)(ii) or (2)(d)(ii) applied to the person when the person made his or her request to participate in the pension loans scheme.

 (2) A request under subsection (1) must be signed:

 (a) if the person is not a member of a couple—by the person; or

 (b) if the person is a member of a couple—by both members of the couple.

 (3) The request must:

 (a) be in writing; and

 (b) be in a form approved by the Secretary.

 (1) A person who wants to receive a pension loans scheme advance payment must make a request for the payment in accordance with this section.

 (2) A request under subsection (1) must specify the amount of pension loans scheme advance payment requested.

Note: There are limits to the amount that can be paid: see subsection 1134A(2).

 (3) The request must be signed:

 (a) if the person is not a member of a couple—by the person; or

 (b) if the person is a member of a couple—by both members of the couple.

 (4) The request must be:

 (a) in writing; and

 (b) in a form approved by the Secretary.

 (1) This section applies for the purposes of a provision (the relevant provision) of this or another Act if:

 (a) the relevant provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement, subsidy, pensioner concession card, seniors health card or any other sort of benefit) to a person; and

 (b) in relation to that benefit, it is necessary to work out whether:

 (i) the person or another person is receiving or is not receiving a social security pension or social security payment or is receiving or is not receiving a particular kind of social security pension whose rate may be worked out under this Division; or

 (ii) the person or another person is a recipient or is not a recipient of a social security pension or social security payment or is a recipient or is not a recipient of a particular kind of social security pension whose rate may be worked out under this Division; or

 (iii) a social security pension or social security payment, or a particular kind of social security pension whose rate may be worked out under this Division, is payable to the person or another person.

 (2) For the purposes of the relevant provision:

 (a) a person is taken not to be receiving a social security pension or social security payment or the particular kind of social security pension; and

 (b) a person is taken not to be a recipient of a social security pension or social security payment or the particular kind of social security pension; and

 (c) a social security pension or social security payment, or the particular kind of social security pension, is taken not to be payable to the person;

merely because:

 (d) the person receives a social security pension, or the kind of social security pension, at a rate worked out under this Division; or

 (e) a social security pension, or the kind of social security pension, is payable to the person at a rate worked out under this Division.

 (3) Subsection (2) does not apply in relation to a person and a day if on that day:

 (a) the person is receiving a social security pension at a rate worked out under this Division; and

 (b) but for the operation of this Division, the person would have been receiving that pension at a rate greater than nil.

Person not member of a couple

 (1) If a person who is not a member of a couple is participating in the pension loans scheme, the person’s real assets are subject to a charge in favour of the Commonwealth to secure the payment of the debt to the Commonwealth.

Person member of a couple

 (2) If:

 (a) a person who is a member of a couple is participating in the pension loans scheme; and

 (b) the person’s partner has signed the person’s request under subsection 1136(2);

the couple’s real assets are subject to a charge in favour of the Commonwealth to secure the payment of a debt to the Commonwealth.

 (3) If:

 (a) the pension loans scheme ceases to operate in relation to a person because of the effect of section 1141, 1141A or 1142; and

 (b) at the time the scheme ceases to operate, the person owes a debt to the Commonwealth because of the person’s participation in the scheme;

the charge in favour of the Commonwealth under subsection (1) or (2) of this section continues in relation to the real assets until the debt is repaid or recovered.

Note 1: Section 1141 provides that a person ceases to participate in the scheme if the debt owed by the person exceeds the maximum loan available.

Note 1A: Section 1141A provides that the scheme ceases to operate in relation to a person if the Secretary is satisfied that the person ceases to be qualified to participate in the scheme and the Secretary determines that the scheme ceases to operate in relation to the person.

Note 2: Section 1142 provides for a person to withdraw from the scheme.

 (4) This section does not apply if subparagraph 1133(1)(d)(ii) or (2)(d)(ii) applied to the person when the person made his or her request to participate in the pension loans scheme.

 (1) The Commonwealth is not entitled to recover a debt under section 1135 from a person until after the person’s death.

 (2) In the following circumstances, the Commonwealth is not entitled to recover the debt until after the person’s death and after:

 (a) if:

 (i) the person was a member of a couple at the time of death; and

 (ii) the person’s partner survives the person; and

 (iii) an amount of bereavement payment is payable to the partner because of the person’s death;

  the last instalment of bereavement payment has been paid; or

 (b) if:

 (i) the person was a member of a couple at the time of death; and

 (ii) the person’s partner survives the person; and

 (iii) the person’s partner has the use of the assets or part of the assets that are subject to a charge; and

 (iv) the partner has reached pension age;

  the death of the partner.

Note: For pension age see subsections 23(5A), (5B), (5C) and (5D).

 (2A) In relation to the period between the person’s death and the time of recovery of the debt by the Commonwealth:

 (a) compound interest continues to accrue, and forms part of the debt, in accordance with Step 4 of the Method statement in subsection 1135(3); and

 (b) the charge in favour of the Commonwealth under section 1138 continues in relation to the real assets until the debt is recovered.

 (3) This section is subject to section 1140 (enforcement of charge if assets change hands).

 (4) If the Secretary decides that the debt is to be recovered before the events referred to in subsection (1) or (2), the debt may be so recovered in spite of those subsections.

 (1) If:

 (a) real assets of a person are subject to a charge under section 1138; and

 (b) any of those real assets cease to be real assets of the person; and

 (c) the person receives proceeds from the sale or other disposal of the real assets;

the Secretary may recover from the person, out of those proceeds, the whole or part of the debt secured by the charge.

 (2) If:

 (a) real assets of a person are subject to a charge under section 1138; and

 (b) any of those real assets are disposed of to another person (in this section called the new owner);

the Secretary may, subject to subsection (3), enforce the charge against those real assets.

 (2A) For the purposes of paragraph (2)(b), it does not matter whether:

 (a) the disposal of the real assets is by way of sale, transfer, gift, will or otherwise; or

 (b) the disposal is by the person referred to in paragraph (2)(a) or any other person.

 (3) The Secretary may not enforce the charge against the assets if the new owner is a bona fide purchaser for value without notice.

  If:

 (a) a person is participating in the pension loans scheme; and

 (b) the debt owed by the person under section 1135 exceeds the maximum loan available to the person under the scheme;

the scheme ceases to operate in relation to the person at the beginning of the first instalment period for the pension being paid to the person that begins after the debt exceeds the maximum loan available.

Note 1: The maximum loan available is worked out by using the formula set out in subsection 1135A(1).

Note 2: For repayment or recovery of the debt owed by the person see sections 1139 and 1142A.

 (1) If:

 (a) a person is participating in the pension loans scheme; and

 (b) the Secretary is satisfied that the person ceases to be qualified to participate in the scheme;

the Secretary may determine that the scheme ceases to operate in relation to the person. The scheme ceases to operate in relation to the person at the beginning of the first instalment period for the social security pension being paid to the person that begins after the determination is made.

Note: For repayment or recovery of the debt owed by the person, see sections 1139 and 1142A.

 (2) The Secretary must give the person notice of the determination.

 (3) A determination under subsection (1) is not a legislative instrument.

 (1) If a person who is participating in the pension loans scheme makes a request to withdraw from the scheme, the scheme ceases to operate in relation to the person at the beginning of the first instalment period for the pension being paid to the person that begins after the request is lodged.

Note: For repayment or recovery of the debt owed by the person, see sections 1139 and 1142A.

 (2) A request under subsection (1) must be signed:

 (a) if the person is not a member of a couple—by the person; or

 (b) if the person is a member of a couple—by both members of the couple.

 (3) The request must:

 (a) be in writing; and

 (b) be lodged at an office of the Department.

 (1) The debt owed by a person under section 1135, at the time the pension loans scheme ceases to operate in relation to the person by operation of section 1141, 1141A or 1142, may be repaid by the person at any time.

Note 1: Section 1141 provides that a person ceases to participate in the scheme if the debt owed by the person exceeds the maximum loan available.

Note 1A: Section 1141A provides that the scheme ceases to operate in relation to a person if the Secretary is satisfied that the person ceases to be qualified to participate in the scheme and the Secretary determines that the scheme ceases to operate in relation to the person.

Note 2: Section 1142 provides for a person to withdraw from the scheme.

 (2) If the debt owed by the person is not repaid by the person at the time the scheme ceases to operate in relation to the person, compound interest continues to accrue, and forms part of the debt, in accordance with Step 4 of the Method statement in subsection 1135(3), until the debt is repaid or recovered.

 (3) If the debt is not repaid under subsection (1) of this section, subject to section 1139 the Commonwealth is entitled to recover the debt.

Note: Section 1139 provides that a debt cannot be recovered from a person until after the person’s death.

 (1) If real assets are subject to a charge under section 1138, the Secretary may lodge a notice in writing of the charge with the appropriate officer of the State or Territory in which the real assets are situated.

 (2) The appropriate officer may register the charge as if the Secretary’s notice were an instrument of charge or encumbrance duly executed under the laws in force in the State or Territory.

 (3) The Secretary may require the person whose real assets are subject to the charge to execute an instrument relating to the registration of the charge.

 (4) If the Commonwealth incurs costs associated with:

 (a) the registration of the charge; or

 (b) the registration of the discharge of the charge;

those costs are payable by the person whose real assets are subject to the charge.

  If a charge against real assets is enforceable under this Division, the Secretary may enforce the charge against those real assets or against part of those real assets in any manner that the Secretary decides.

When adjusted value of assets is exceeded

 (1) If:

 (a) a person owes a debt to the Commonwealth under section 1135; and

 (b) neither subparagraph 1133(1)(d)(ii) nor subparagraph 1133(2)(d)(ii) applied to the person when the person made the request to participate in the pension loans scheme; and

 (c) either of the following events occur:

 (i) a person seeks to repay the debt;

 (ii) the Commonwealth seeks to recover the debt; and

 (d) at the time the event occurs, the amount of the debt exceeds the adjusted value of the person’s real assets; and

 (e) subsection (3) of this section does not apply;

then:

 (f) the Commonwealth is not entitled to recover an amount (the excess amount) that exceeds the adjusted value of the person’s real assets; and

 (g) the debt to the Commonwealth, and the charge securing the debt, is discharged to the extent of the excess amount by force of this paragraph.

Note: For the meaning of real assets, see subsection 1133AA(1).

When adjusted value of charge is exceeded

 (2) If:

 (a) a person owes a debt to the Commonwealth under section 1135; and

 (b) subparagraph 1133(1)(d)(ii) or (2)(d)(ii) applied to the person when the person made the request to participate in the pension loans scheme; and

 (c) either of the following events occur:

 (i) a person seeks to repay the debt;

 (ii) the Commonwealth seeks to recover the debt; and

 (d) at the time the event occurs, the amount of the debt exceeds the adjusted value of the real property specified for the purposes of paragraph 1133(3)(c); and

 (e) subsection (3) of this section does not apply;

then:

 (f) the Commonwealth is not entitled to recover an amount (the excess amount) that exceeds the adjusted value of the specified real property; and

 (g) the debt to the Commonwealth, and the charge securing the debt, is discharged to the extent of the excess amount by force of this paragraph.

Excess amount may be recovered and debt is not discharged in certain circumstances

 (3) This subsection applies if the Secretary is satisfied that:

 (a) a charge or encumbrance over the person’s real assets or the specified real property is created or increased by, or with the express consent of, the person after the person begins to participate in the pension loans scheme which affects, or will affect, the ability of the Commonwealth to recover the debt owed under section 1135; or

 (b) the person engaged in fraud, or made a misrepresentation, in relation to the person’s participation in the pension loans scheme, including in relation to the person’s real assets or the specified real property.

 (4) The Secretary may, by legislative instrument, make guidelines to be complied with in making a decision for the purposes of subsection (3).

Meaning of adjusted value

 (5) The adjusted value:

 (a) for real assets—means the amount worked out by:

 (i) working out the market value of the assets in accordance with an instrument made under subsection (6); and

 (ii) adjusting that value in accordance with the instrument; and

 (b) for real property—means the amount worked out by:

 (i) working out the market value of the property in accordance with an instrument made under subsection (6); and

 (ii) adjusting that value in accordance with the instrument.

 (6) The Secretary must, by legislative instrument, determine:

 (a) one or more methods for working out the market value of real assets for the purposes of subparagraph (5)(a)(i); and

 (b) adjustments to be made to the market value of real assets for the purposes of subparagraph (5)(a)(ii); and

 (c) one or more methods for working out the market value of real property for the purposes of subparagraph (5)(b)(i); and

 (d) adjustments to be made to the market value of real property for the purposes of subparagraph (5)(b)(ii).

 (7) Without limiting subsection (6), the determination may:

 (a) specify that adjustments are to be made in relation to specified kinds of charges or encumbrances over real assets or real property; and

 (b) determine different methods to be used and adjustments to be made in different circumstances.

 (1) This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).

 (2) This section is for the avoidance of doubt.

  This Division applies to a granny flat resident only if the resident acquired or retained the person’s granny flat interest in the person’s principal home on or after 22 August 1990.

  This Division’s operation on a special resident depends on:

 (a) whether the resident is:

 (i) not a member of a couple; or

 (ii) a member of a couple; or

 (iii) a member of an illness separated couple; or

 (iv) a member of an ordinary couple with different principal homes; and

 (b) the resident’s entry contribution; and

 (c) the resident’s extra allowable amount.

Note 1: For member of an ordinary couple with different principal homes see subsection 12(2).

Note 2: For entry contribution see section 1147.

Note 3: For extra allowable amount see section 1148.

 (1) A special resident’s entry contribution is:

 (a) if the resident is not a member of a couple—the resident’s individual residence contribution; or

 (b) if the resident is a member of a couple, shares the resident’s principal home with the resident’s partner and is not a member of an illness separated couple—an amount equal to 50% of the resident’s individual residence contribution and of the partner’s individual residence contribution; or

 (c) if the resident is a member of an illness separated couple—the resident’s individual residence contribution; or

 (d) if:

 (i) the resident is a member of an ordinary couple with different principal homes; and

 (ii) the principal home of the resident’s partner is not a special residence;

  the resident’s individual residence contribution; or

 (e) if:

 (i) the resident is a member of an ordinary couple with different principal homes; and

 (ii) the principal home of the resident’s partner is also a special residence;

  an amount equal to 50% of the resident’s individual residence contribution and of the partner’s individual residence contribution.

 (1A) A special resident’s entry contribution is the resident’s individual residence contribution plus the amount paid, or agreed to be paid, for the resident’s current right (if any) to share the resident’s principal home with a partner if:

 (a) the resident was a member of a couple at the time when the resident took up residence in the retirement village or granny flat; and

 (b) the resident has ceased to be a member of a couple.

 (1B) A special resident’s entry contribution is the resident’s individual residence contribution if:

 (a) the resident was a member of a couple at the time when the sale leaseback agreement was entered into; and

 (b) the resident has ceased to be a member of a couple.

 (1C) For the purposes of this Division, the individual residence contribution is:

 (a) for a retirement village resident—the total amount paid, or agreed to be paid, for the resident’s current right to live in the retirement village; and

 (b) for a granny flat resident—the total amount paid, or agreed to be paid, for the resident’s current right to live in the granny flat; and

 (c) for a sale leaseback resident—the deferred payment amount.

Note: For deferred payment amount see section 12B.

 (1D) For the purposes of paragraph (1C)(b):

 (a) the total amount paid to obtain for a person his or her current right to live in a granny flat is the amount equal to the value of the person’s granny flat interest; and

 (b) the value of a person’s granny flat interest is:

 (i) unless subparagraph (ii) applies—the amount paid, or agreed to be paid, for the interest; or

 (ii) if the Secretary considers that, for any special reason in any particular case, that value should be another amount—that other amount.

 (2) An amount that is rent for the purposes of this Act is to be disregarded in applying subsections (1), (1A) and (1B).

Residence taken up before 13 June 1989

 (1) If a retirement village resident became entitled to take up residence in the retirement village before 13 June 1989, the resident’s extra allowable amount is:

 (a) if the resident is not a member of a couple—$64,000; or

 (b) if the resident is a member of an illness separated couple—$64,000; or

 (c) in any other case—$32,000.

Residence taken up on or after 13 June 1989

 (2) If a retirement village resident became entitled to take up residence in the retirement village on or after 13 June 1989, the resident’s extra allowable amount is:

 (a) if the resident is not a member of a couple—the amount that, as at the time when the resident becomes entitled to take up that residence, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (b) if the resident is a member of an illness separated couple—the amount that, as at the time when the resident becomes entitled to take up that residence, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (c) in any other case—the amount that, as at the time when the resident becomes entitled to take up that residence, is the difference between the pension “partnered” homeowner AVL and the pension “partnered” nonhomeowner AVL.

 (2A) A granny flat resident’s extra allowable amount is:

 (a) if the resident is not a member of a couple—the amount that, as at the time when the resident becomes entitled to the granny flat interest, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (b) if the resident is a member of an illness separated couple—the amount that, as at the time when the resident becomes entitled to the granny flat interest, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (c) in any other case—the amount that, as at the time when the resident becomes entitled to the granny flat interest, is the difference between the pension “partnered” homeowner AVL and the pension “partnered” nonhomeowner AVL.

 (2B) A sale leaseback resident’s extra allowable amount is:

 (a) if the resident is not a member of a couple—the amount that, as at the time when the sale leaseback agreement is entered into, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (b) if the resident is a member of an illness separated couple—the amount that, as at the time when the sale leaseback agreement is entered into, is the difference between the pension “single” homeowner AVL and the pension “single” nonhomeowner AVL; or

 (c) in any other case—the amount that, as at the time when the sale leaseback agreement is entered into, is the difference between the pension “partnered” homeowner AVL and the pension “partnered” nonhomeowner AVL.

 (3) For the purposes of this section, a person becomes entitled to take up residence in a retirement village when the person becomes entitled to take up residence in a retirement village pursuant to the agreement under which the person’s current right to live in the retirement village arises.

 (4) In this section, “pension ‘single’ homeowner AVL”, “pension ‘single’ nonhomeowner AVL”, “pension ‘partnered’ homeowner AVL” and “pension ‘partnered’ nonhomeowner AVL” have the same meaning as in Part 3.16 (Indexation).

  If a person who has a right to live in a retirement village under an agreement enters into a new agreement under which the person obtains a right to live in the retirement village, then, for the purposes of this Division, the total amount paid, or agreed to be paid, for the person’s current right to live in the retirement village is the sum of the following amounts:

 (a) the total amount paid under the new agreement for that right; and

 (b) so much (if any) of:

 (i) any amount paid under an earlier agreement to obtain a right for the person to live in the retirement village; and

 (ii) any amount that was, or would have been, payable to the person upon the termination of an earlier agreement;

  as ought, in the Secretary’s opinion, to be attributed to the cost of the person’s current right to live in the retirement village.

 (1) This section applies to a special resident who is not a member of a couple.

Entry contribution above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was more than the extra allowable amount;

the resident is to be taken, for the purposes of this Act, to be a homeowner.

Entry contribution equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was equal to or less than the extra allowable amount;

then, for the purposes of this Act:

 (c) the resident is to be taken not to have a right or interest in relation to the resident’s principal home; and

 (d) the resident’s assets are to be taken to include an asset the value of which is equal to the amount of the resident’s entry contributions; and

 (e) sections 198H, 198HA, 198HB, 198J, 198JA and 198JB, subsection 1118(1) and section 1125 do not apply to the asset that the resident is, because of paragraph (d) of this subsection, to be taken to have.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of a couple; and

 (b) the resident shares the resident’s principal home with the resident’s partner.

Entry contribution above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was more than the extra allowable amount;

the resident is to be taken, for the purposes of this Act, to be a homeowner.

Entry contribution equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was equal to or less than the extra allowable amount;

then, for the purposes of this Act:

 (c) the resident is to be taken not to have a right or interest in relation to the resident’s principal home; and

 (d) the resident’s assets are to be taken to include an asset the value of which is equal to the amount of the resident’s entry contribution; and

 (e) sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of paragraph (d) of this subsection, to be taken to have.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an illness separated couple; and

 (b) the principal home of the resident’s partner is also a special residence.

Both entry contributions above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution, and the entry contribution of the resident’s partner, were each more than the extra allowable amount concerned;

then, for the purposes of this Act:

 (c) the resident is to be taken to be a homeowner; and

 (d) any right or interest of the resident in the partner’s principal home is to be disregarded in calculating the actual value of the resident’s assets for the purposes of this Act; and

 (e) any right or interest of the partner in his or her principal home, or in the resident’s principal home, is to be disregarded in calculating the actual value of the partner’s assets for the purposes of this Act.

Both entry contributions equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution, and the entry contribution of the resident’s partner, were each equal to or less than the extra allowable amount concerned;

then, for the purposes of this Act:

 (c) the resident is to be taken not to have a right or interest in relation to the resident’s principal home; and

 (d) the resident’s assets are to be taken to include an asset the value of which is equal to the amount of the resident’s entry contribution; and

 (e) sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of paragraph (d) of this subsection, taken to have.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home.

Person’s entry contribution above extra allowable amount and partner’s entry contribution equal to or below extra allowable amount

 (5) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was more than the extra allowable amount; and

 (c) the resident’s partner’s entry contribution was equal to or less than the extra allowable amount;

the following provisions apply for the purposes of the application of this Act to the resident and to the partner:

 (d) the resident is to be taken to be a homeowner;

 (e) for the purposes of this Act:

 (i) both the resident, and the partner, are to be taken not to have a right or interest in relation to the partner’s principal home; and

 (ii) the partner’s assets are to be taken to include an asset whose value is equal to the amount of the partner’s entry contribution; and

 (iii) sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the partner is, because of subparagraph (ii) of this paragraph, to be taken to have;

 (f) any right or interest of the partner in the resident’s principal home is to be disregarded in calculating the actual value of the partner’s assets for the purposes of this Act;

 (g) the resident’s assets value limit and the partner’s assets value limit are both to be taken to be $237,500.

Note: The amount in paragraph (g) is adjusted annually: see section 1205.

 (6) Subsection (5) applies:

 (a) whether or not the resident’s partner actually has any right or interest in the partner’s principal home; and

 (b) whatever the value of any right or interest that the partner does have in the partner’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an illness separated couple; and

 (b) the principal home of the resident’s partner is not a special residence; and

 (c) the right or interest of the partner in the partner’s principal home is to be disregarded because of paragraph 1118(1)(b).

Entry contribution above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was more than the extra allowable amount;

then:

 (c) for the purposes of this Act, the resident is to be taken to be a homeowner; and

 (d) any right or interest of the resident in the partner’s principal home referred to in paragraph (1)(c) is to be disregarded in calculating the actual value of the resident’s assets for the purposes of this Act; and

 (e) any right or interest of the partner in the resident’s principal home is also to be disregarded in calculating the actual value of the partner’s assets for the purposes of this Act.

Entry contribution equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was equal to or less than the extra allowable amount;

the following provisions apply for the purposes of the application of this Act to the resident and to the resident’s partner:

 (c) for the purposes of this Act:

 (i) the resident is to be taken not to be a homeowner; and

 (ia) the partner is to be taken not to have a right or interest in relation to the resident’s principal home; and

 (ii) the resident’s assets are to be taken to include an asset the value of which is equal to the amount of the resident’s entry contribution; and

 (iii) sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of subparagraph (ii) of this paragraph, to be taken to have;

 (d) any right or interest of the resident in the partner’s principal home referred to in paragraph (1)(c) is to be disregarded in calculating the actual value of the resident’s assets for the purposes of this Act;

 (e) the resident’s assets value limit and the partner’s assets value limit are both to be taken to be $237,500.

Note: The amount in paragraph (e) is adjusted annually: see section 1205.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an illness separated couple; and

 (b) the principal home of the resident’s partner is not a special residence; and

 (c) the resident’s partner does not have a right or interest in the partner’s principal home that is to be disregarded because of paragraph 1118(1)(b).

Entry contribution above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (c) the resident’s entry contribution was more than the extra allowable amount;

the following provisions apply for the purposes of the application of this Act to the resident and to the partner:

 (d) for the purposes of this Act, the resident is to be taken to be a homeowner;

 (e) any right or interest of the partner in the resident’s principal home is to be disregarded in calculating the actual value of the partner’s assets for the purposes of this Act;

 (f) the resident’s assets value limit and the partner’s assets value limit are both to be taken to be $237,500.

Note: The amount in paragraph (f) is adjusted annually: see section 1205.

Entry contribution equal to or below extra allowable amount

 (4) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was equal to or less than the extra allowable amount;

then, the following provisions apply for the purposes of the application of this Act to the resident and to the resident’s partner:

 (c) both the resident, and the partner, are to be taken not to have a right or interest in relation to the resident’s principal home;

 (d) the resident’s assets are to be taken to include an asset the value of which is equal to the amount of the resident’s entry contribution;

 (e) sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of paragraph (d) of this subsection, taken to have.

 (5) Subsection (4) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an ordinary couple with different principal homes; and

 (b) the principal home of the resident’s partner is also a special residence.

Both entry contributions above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution and the partner’s entry contribution, were each more than the extra allowable amount concerned;

then, for the purposes of this Act:

 (c) the resident and the partner are each to be taken to be home owners; and

 (d) the value of the resident’s principal home is taken to be the resident’s individual residence contribution; and

 (e) the value of the partner’s principal home is taken to be the partner’s individual residence contribution; and

 (f) any right or interest of the resident in:

 (i) the more valuable of the 2 principal homes; or

 (ii) where the value of the 2 principal homes is the same—the principal home of the younger person;

  (in this subsection called the more valuable principal home) is to be disregarded in calculating the actual value of the resident’s assets; and

 (g) any right or interest of the partner in the more valuable principal home is to be disregarded in calculating the actual value of the partner’s assets; and

 (h) the assets of the person whose principal home is not the more valuable principal home are to be taken to include an asset the value of which is equivalent to the amount of that person’s entry contribution.

Both entry contributions equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution, and the partner’s entry contribution, were each less than or equal to the extra allowable amount concerned;

then, for the purposes of this Act:

 (c) the resident and the partner are each to be taken not to have a right or interest in relation to the resident’s principal home or the partner’s principal home; and

 (d) the resident’s assets are taken to include an amount equal to the resident’s individual residence contribution; and

 (e) the partner’s assets are taken to include an amount equal to the partner’s individual residence contribution.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home; and

 (c) whether or not the partner actually has any right or interest in the partner’s principal home; and

 (d) whatever the value of any right or interest that the partner does have in the partner’s principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an ordinary couple with different principal homes; and

 (b) the principal home of the resident’s partner is not a special residence; and

 (c) the right or interest of the partner in the partner’s principal home would, but for this section, be disregarded because of paragraph 1118(1)(b).

 (2) If this section applies to a special resident, then, for the purposes of this Act:

 (a) the resident and the resident’s partner are each to be taken to have a right or interest in a principal home to which paragraph 1118(1)(b) applies; and

 (b) the value of the resident’s principal home is to be taken to be the amount of the resident’s entry contribution; and

 (c) any right or interest of the resident in:

 (i) the more valuable of the 2 principal homes; or

 (ii) where the value of the 2 principal homes is the same—the principal home that is not a special residence;

  (in this subsection called the more valuable principal home) is to be disregarded in calculating the actual value of the resident’s assets; and

 (d) any right or interest of the partner in the more valuable principal home is to be disregarded in calculating the actual value of the partner’s assets; and

 (e) the assets of the person whose principal home is not the more valuable principal home are to be taken to include an asset whose value is equivalent to the value of the less valuable principal home.

 (1) This section applies to a special resident if:

 (a) the resident is a member of an ordinary couple with different principal homes; and

 (b) the principal home of the resident’s partner is not a special residence; and

 (c) the partner does not have a right or interest in the partner’s principal home that is to be disregarded because of paragraph 1118(1)(b).

Entry contribution above extra allowable amount

 (2) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was more than the amount that would be the extra allowable amount if the resident were not a member of a couple;

then, for the purposes of this Act, the resident and the partner are each to be taken to have a right or interest in a principal home to which paragraph 1118(1)(b) applies.

Entry contribution equal to or below extra allowable amount

 (3) If:

 (a) this section applies to a special resident; and

 (b) the resident’s entry contribution was equal to or less than the amount that would be the extra allowable amount if the resident were not a member of a couple;

then, the following provisions apply for the purposes of the application of this Act to the resident and to the resident’s partner:

 (c) both the resident, and the partner, are to be taken not to have a right or interest in relation to the resident’s principal home; and

 (d) the resident’s assets are to be taken to include an asset whose value is equal to the amount of the resident’s entry contribution.

 (4) Subsection (3) applies:

 (a) whether or not the resident actually has any right or interest in the resident’s principal home; and

 (b) whatever the value of any right or interest that the resident does have in the resident’s principal home; and

 (c) whether or not the partner actually has any right or interest in the resident’s principal home; and

 (d) whatever the value of any right or interest that the partner does have in the resident’s principal home.