Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:1_83
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 1 cl 83
Character Range: 80780–81999

83  After subsection 43(5)
Insert:

 (5AA) If:
 (a) either or both of the following amounts (the added amounts) are added to a person's maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:
 (i) a pension supplement amount;
 (ii) clean energy supplement; and
 (b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person's pension supplement basic amount; and
 (c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and
 (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person's minimum daily rate, but more than a nil amount;
the amount of that portion of the instalment is to be increased to the person's minimum daily rate.

 (5AB) For the purposes of subsection (5AA), a person's minimum daily rate is 1/364 of the total of:
 (a) the person's minimum pension supplement amount, if a pension supplement amount is an added amount; and
 (b) the person's clean energy supplement, if clean energy supplement is an added amount.