Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_6:p3
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 3/9)
Character Range: 137832–140521

more than one leave payment on a day;
the income maintenance period is worked out by adding the leave periods to which the payments relate.

Start of income maintenance period—employment continuing
 1067L‑D8 If the person is covered by point 1067L‑D5, 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
 1067L‑D9 If the person is covered by point 1067L‑D6, the income maintenance period starts, subject to point 1067L‑D10, on the day on which the person is paid the leave payment.

Commencement of income maintenance period where there is a second leave payment—employment terminated
 1067L‑D10 If:
 (a) a person who is covered by point 1067L‑D6 is subject to an income maintenance period (the first period); and
 (b) the person is paid another leave payment during that period (the second leave payment);
the income maintenance period for the second leave payment starts on the day after the end of the first period.

Leave payments in respect of periods longer than a fortnight
 1067L‑D11 If:
 (a) a person receives a leave payment; and
 (b) the payment is in respect of a period of leave 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 of leave 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 of leave.

Secretary may determine in certain circumstances that the whole or a part of an income maintenance period does not apply
 1067L‑D12 The Secretary may determine that the whole or any part of an income maintenance period that would, apart from this point, apply to the person, does not apply to the person if the Secretary is satisfied that:
 (a) the application of the income maintenance period to the person would cause the person severe financial hardship; and
 (b) the circumstances that would cause the severe financial hardship were not reasonably foreseeable by the person.

When a person receives a leave payment
 1067L‑D13 For the purposes of points 1067L‑D4 to 1067L‑D12 (inclusive), a person (first person) is taken to receive a leave 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 leave—employment