Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_24:p2
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 2/2)
Character Range: 351286–352301

capitalisation period is, subject to subclause (6), the period that starts on the day on which the income is received and ends on the day immediately before the day on which the individual turns 65.

Capitalisation period—other cases
 (6) If:
 (a) the Secretary considers:
 (i) in a case falling within subclause (3) where the period referred to in that subclause was specified in an order of a court that was made by consent or in an agreement referred to in subparagraph (3)(a)(ii), (iii) or (iv)—that the period is not appropriate in the circumstances of the case; or
 (ii) in a case falling within subclause (4) or (5)—that the period referred to in that subclause is not appropriate in the circumstances of the case; or
 (b) no capitalisation period is applicable in relation to the capitalised maintenance income under subclause (3), (4) or (5);
the capitalisation period is such period as the Secretary considers appropriate in the circumstances of the case.

Subdivision B—Maintenance income credit balances