Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_65d
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 65D
Character Range: 286348–288591

65D  Variation of determination of a weekly limit of hours to reflect changes in weekly limit of hours

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of a weekly limit of hours under section 50H are made in respect of a claimant who is an individual; and
 (b) after the determination is made, an event occurs; and
 (c) the determination of conditional eligibility has, at some time after the event, the effect that the claimant is conditionally eligible; and
 (d) when the Secretary becomes aware of the change, the Secretary considers that, if he or she were making the determination of a weekly limit of hours immediately after the event, the weekly limit of hours would be different to the weekly limit of hours previously determined;
the Secretary must, subject to subsection (3), vary the determination of a weekly limit of hours so as to determine the weekly limit of hours with the effect from the day of the occurrence.

 (2) For the purpose of subsection (1), the occurrence includes the expiration of a period of time if the expiration is relevant to the operation of this Act.

Beneficial variations only to have limited effect

 (3) If:
 (a) the Secretary does not become aware of the occurrence in the claimant's circumstances until after the end of the income year (the second income year) following the one in which the event occurred; and
 (b) the claimant did not notify the Secretary of the event before the end of the second income year; and
 (c) apart from this subsection, the Secretary would be required by subsection (1) to vary the determination so as to increase the claimant's weekly limit of hours under the determination;
the Secretary must vary the determination so that it has that effect only from the beginning of the income year that precedes the one in which the Secretary becomes aware of the event.

Section 59F and 62C variations prevail

 (4) If:
 (a) when a variation under this section takes place, a variation is in force under section 59F or 62C; and
 (b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect;
the variation under section 59F or 62C prevails over the variation under this section.