Document ID: chunk:federal_register_of_legislation:C2025C00162:section:6:p5
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 6 (pt 5/10)
Character Range: 1879822–1882487

1067L‑D16 In points 1067L‑D5 to 1067L‑D15 (inclusive):
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.

Board and lodging
 1067L‑D18 A person's ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.

Ordinary income generally taken into account when first earned, derived or received
 1067L‑D19 Subject to points 1067L‑D20, 1067L‑D21, 1067L‑D23 and 1067L‑D24 and sections 1072A and 1073, ordinary income (except employment income) is to be taken into account in the fortnight in which it is first earned, derived or received.
Note: See Division 1AA of Part 3.10 for the treatment of employment income.

Claimant or recipient receives lump sum amount for remunerative work
 1067L‑D20 If a person whose claim for austudy payment has been granted receives, after the claim was made, a lump sum amount that:
 (a) is paid to him or her in relation to remunerative work; and
 (b) is not a payment to which point 1067L‑D21 applies; and
 (c) is not an exempt lump sum; and
 (d) is not employment income;
the person is, for the purposes of this Module, taken to receive one fifty‑second of that amount as ordinary income during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.

Partner of claimant or recipient receives lump sum amount for remunerative work
 1067L‑D21 If:
 (a) a person whose claim for austudy payment has been granted is a member of a couple; and
 (b) after the person has made the claim, the person's partner receives a lump sum amount that:
 (i) is paid to him or her in relation to remunerative work; and
 (ii) is not a payment to which point 1067L‑D23 applies; and
 (iii) is not an exempt lump sum; and
 (iv) is not employment income;
the partner is, for the purposes of this Module, taken to receive one fifty‑second of that amount as ordinary income during each week in the 12 months commencing on the day on which the partner becomes entitled to receive that amount.

Operation of points 1067L‑D20 and 1067L‑D21
 1067L‑D22 Points 1067L‑D20 and 1067L‑D21 have effect even if the person who has made the claim:
 (a) is subject to a liquid assets test waiting period or an income maintenance period in respect of the allowance claimed; or
 (b) is subject to a seasonal work preclusion period;
during the period of 12 months referred to in those points.

Ordinary income received at intervals longer than one fortnight
 1067L‑D23 Subject to points 1067L‑D5 to 1067L‑D16