Document ID: chunk:federal_register_of_legislation:C2025C00162:section:4:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 4 (pt 3/7)
Character Range: 1979818–1982552

has been terminated; and
 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);
the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day
 1068B‑D11 If:
 (a) the person is covered by point 1068B‑D10; and
 (b) the person receives more than one termination payment on a day;
the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing
 1068B‑D12 If the person is covered by point 1068B‑D9, 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
 1068B‑D13 If the person is covered by point 1068B‑D10, the income maintenance period starts, subject to point 1068B‑D14, on the day the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment
 1068B‑D14 If a person who is covered by point 1068B‑D10 is subject to an income maintenance period (the first period) and the person is paid another termination payment during that period (the second leave payment), the income maintenance period for the second termination payment commences the day after the end of the first period.
 1068B‑D15 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.
Note 1: For in severe financial hardship see subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Note 3: If an income maintenance period applies to a person, then, during that period:
(a) the benefit PP (partnered) claimed may not be payable to the person; or
(b) the amount of the benefit PP (partnered) payable to the person may be reduced.

When a person receives a leave payment or a termination payment
 1068B‑D16 For the purposes of points 1068B‑D8 to 1068B‑D15 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if the payment is made to another person:
 (a) at the direction of the first person or a court; or
 (b) on behalf of the first person; or
 (c) for the benefit of the first person; or
the first person waives or assigns the first person's right to receive the payment.

Single payment