Document ID: chunk:federal_register_of_legislation:C2024C00574:clause:2_118nj
Version: federal_register_of_legislation:C2024C00574
Segment Type: clause
Provision Reference: sch 2 cl 118NJ
Character Range: 35619–37352

118NJ  DFISA‑like payments etc. under regulations

DFISA‑like payments
 (1) The regulations may make provision for and in relation to a payment (DFISA‑like payment) to a person on a day that is on or after 20 September 2004 if:
 (a) adjusted disability pension is payable to the person, or the person's partner, on that day; and
 (b) either:
 (i) a payment (the primary payment) under a Commonwealth scheme is payable to the person on that day but, because of the adjusted disability pension, the rate of the primary payment is reduced (including to nil); or
 (ii) apart from the adjusted disability pension, a payment (the primary payment) under a Commonwealth scheme would be payable to the person on that day.
Note 1: For adjusted disability pension and partner see section 118NA.
Note 2: For Commonwealth scheme see subsection (3).

Secondary benefits
 (2) The regulations may also make provision for and in relation to a payment, or the provision of a non‑financial benefit, to the person on a day that is on or after 20 September 2004 if:
 (a) a payment (other than the primary payment) or a non‑financial benefit is not payable or provided to the person on that day under the Commonwealth scheme or another Commonwealth scheme, but only because the primary payment is not payable to the person on that day; and
 (b) the primary payment is not payable to the person on that day, but only because adjusted disability pension is payable to the person, or the person's partner, on that day; and
 (c) a DFISA‑like payment is payable to the person on that day.
 (3) In this section:
Commonwealth scheme means:
 (a) an Act; or
 (b) regulations or an instrument made under an Act; or
 (c) a program administered by the Commonwealth.