Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 4/8)
Character Range: 1669746–1672360

person receives a leave payment or termination payment; and
 (b) the payment is in respect of a period 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 to which the payment relates (the daily rate); and
 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.
 1064‑F11 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(2) (person who is not a member of a couple) and 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 pension claimed may not be payable to the person; or
(b) the amount of the pension payable to the person may be reduced.

When a person receives a leave payment or a termination payment
 1064‑F12 For the purposes of points 1064‑F4 to 1064‑F11 (inclusive), a person (the first person) is taken to receive a leave payment or termination 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 termination payments
 1064‑F13 If a person who is covered by point 1064‑F5 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1064‑F4 to 1064‑F12 (inclusive):
 (a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and
 (b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions
 1064‑F14 In this Module:
leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.
payment fortnight means a fortnight in respect of which a disability support pension is paid, or would be paid