Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p34
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 85767–88552

for review;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

  "(3) If:

     (a) a decision (the 'previous decision') is made rejecting a person's claim for partner allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

     (d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

  "(4) If:

     (a) a decision (the 'previous decision') is made rejecting a person's claim for partner allowance; and

     (b) no notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240 for review of the previous decision; and

     (d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

"Division 4—Rate of partner allowance

Rate of partner allowance if partner receiving job search allowance or newstart allowance

"771KA. If a person's partner is receiving a job search allowance or a newstart allowance, the person's rate of partner allowance is worked out using the Benefit Rate Calculator B at the end of section 1068.

Rate of partner allowance if partner receiving sickness allowance

"771KB. Subject to sections 771KC and 771KD, if a person's partner is receiving sickness allowance the person's rate of partner allowance is worked out using Benefit Rate Calculator B at the end of section 1068.

Limitation on rate—loss of salary, wages or income by partner

General rule

"771KC.(1) If a person's partner is qualified for sickness allowance through subparagraph 666(1)(d)(i) (loss of salary, wages or other income of a similar nature), the rate per fortnight of the person's partner allowance is not to exceed the rate that, in the Secretary's opinion, is one half the rate per fortnight of the salary, wages or other income that the person's partner has lost because of the partner's incapacity for work.

Note: There is also a limitation on the rate of sickness allowance payable to the partner (see section 710).

Loss of salary, wages or income includes NEIS payments

"(2) For the purposes of subsection (1), the income that a person's partner has lost because of the partner's incapacity for work includes a payment received by the partner under the New Enterprise Incentive Scheme.

Payment to a substitute