Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_146:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 146 (pt 1/3)
Character Range: 2939926–2942592

146  Transitional provision for rates of certain social security pensions on and after 20 September 2009

Application
 (1) This clause applies if:
 (a) on 19 September 2009 a person was receiving one of the following payments:
 (i) age pension;
 (ii) disability support pension;
 (iv) carer payment;
 (vii) special needs pension;
 (viii) service pension (except carer service pension);
 (ix) income support supplement; and
 (b) either:
 (i) the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or
 (ii) subclause (1A) applies to the person.
 (1A) This subclause applies to a person if:
 (a) a payment by the Thalidomide Australia Fixed Trust:
 (i) is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or
 (ii) is made to, or applied for the benefit of, the person's partner as a beneficiary of the Trust; or
 (iii) is made to the person or the person's partner in respect of a beneficiary of the Trust; and
 (b) subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and
 (c) the person receives any of the payments mentioned in paragraph (1)(a) at the commencement of item 4 of Schedule 4 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011; and
 (d) after that commencement, the person continues (without a break) to receive that payment, or any of the other payments referred to in paragraph (1)(a).

Purpose
 (2) This clause has effect for the purposes of working out the rate of one of the social security pensions described in paragraph (1)(a) for the person for a day (the relevant day) after 19 September 2009 under point 1064‑A1 or 1065‑A1, or under section 796 so far as one or more of those points are relevant because of that section.
Note: This clause does not make a person entitled to receive a social security pension if the person is not otherwise entitled to receive it.

Provisional annual payment rate
 (3) The person's provisional annual payment rate is taken to be the amount worked out under subclause (4) if 1/364 of that amount is greater than 1/364 of the person's provisional annual payment rate apart from this clause.
Note: The provisional annual payment rate is an amount worked out under the method statement in point 1064‑A1. Point 1064‑A1 may be relevant of its own force or because of point 1065‑A1 or section 796.
 (4) The amount is the one that would be the provisional annual payment rate under the relevant point if:
 (a) the maximum payment rate for the person were the