Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p72
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 190377–193735

the Table are indexed in line with CPI increases (see sections 59A to 59E).

'DC add-ons' is the sum of the amounts of dependent child add-on, guardian allowance and rent assistance that would be payable to the person before the application of the maintenance income test.

  "45Y-H6. No amount is to be disregarded under point 45Y-H4 if:

    (a) child support is payable under the Child Support (Assessment) Act 1989 to the person for a child; and

    (b) the person is entitled to make an application for assessment child support under Part V of that Act for the child payable by another person; and

  (c) the person has:

      (i) neither:

            (A) properly made such an application; nor

            (B) properly made an application under Part VI of that Act for acceptance of an agreement in relation to the child; or

      (ii) the person has properly made an application of either kind, but:

          (A) the person has subsequently withdrawn the application; or

            (B) after child support has become payable by the other person under that Act for the child, the person has ended the entitlement to child support.

  "45Y-H7. No amount is to be disregarded under point 45Y-H4 if:

    (a) child support is not payable under the Child Support (Assessment) Act 1989 to the person for a child; and

    (b) the person is entitled to make an application under section 128 of that Act; and

  (c) an application by the person under that section is not in force.

How to calculate a person's maintenance income free area

"45Y-H8. A person's maintenance income free area is worked out using Table H-1. Work out which family situation in Table H-1 applies to the person. The maintenance income free area is the corresponding amount in column 3 plus an additional corresponding amount in column 5 for each maintained child after the first.

TABLE H-1
MAINTENANCE INCOME FREE AREA
column 1                      column 2                                                             column 3                  column 4                       column 5                       column 6
item no.                      person's family situation                                            basic free area per year  basic free area per fortnight  additional free area per year  additional free area per fortnight
1.                            Not member of couple                                                 $865.80                   $33.30                         $288.60                        $11.10
2.                            Partnered (both the person and the partner have maintenance income)  $1,731.60                 $66.60                         $288.60                        $11.10
3.                            Partnered (only one member of a couple has maintenance income)       $865.80                   $33.30                         $288.60                        $11.10

Reduction for maintenance income

  "45Y-H9. A person's reduction for maintenance income is:

"Division 6—Bereavement payments

"Subdivision A—Bereavement payments (death of pensioner partner)

Eligibility for payments under this Subdivision

  "45Z.(1) If:

  (a) a person is receiving income support supplement; and

  (b) the person is a member of a couple; and

  (c) the person's partner dies; and

  (d) immediately before the partner died, the