Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p7
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 7/21)
Character Range: 56897–59724

fortnight in which the person commences to receive the pension (if commencing on or after variation day)—the credit amount (if any) of the person for that fortnight; or

         (b) in the case of any other fortnight—the amount of the earnings credit (if any) of the person for the fortnight immediately before the relevant fortnight increased by the credit amounts (if any) of the person for the relevant fortnight and decreased by the amount (if any) by which the person's earnings credit was reduced in the relevant fortnight because of subsection (3);

     or $1,000, whichever is the lesser amount;";

  (b) by inserting in subsection (1) the following definitions:

     " 'pensioner couple' means:

         (a) 2 service pensioners each of whom is a married person because of being the spouse of the other person; or

         (b) a service pensioner and a social security pensioner within the meaning of the Social Security Act 1947, each of whom is a married person because of being the spouse of the other person;

  'service pensioner' means a person in receipt of a pension;

  'service pensioner couple' means a couple, both of whose members are service pensioners;

  'social security-service pensioner couple' means a pensioner couple, one of whose members is not a service pensioner;

  'social security earnings credit' means an earnings credit within the meaning of section 12a of the Social Security Act 1947;

   'variation day' means the earliest pension pay day on or after 1 October 1990;

  'variation earnings credit', in relation to a person, means the person's earnings credit (within the meaning of this section as in force immediately before the commencement of this definition) for the fortnight immediately before variation day;";

  (c) by omitting subsection (1a) and substituting the following subsections:

  "(1a) For the purposes of this section, the earnings credit of a service pensioner for the fortnight immediately before variation day is:

      (a) in the case of a person who is not a member of a pensioner couple—the person's variation earnings credit; or

      (b) in the case of a person who is a member of a service pensioner couple—an amount equal to one-half of the sum of the person's variation earnings credit and the person's spouse's variation earnings credit; or

      (c) in the case of a person who is a member of a social security-service pensioner couple—an amount equal to one-half of the sum of the person's variation earnings credit and the person's spouse's variation earnings credit within the meaning of section 12a of the Social Security Act 1947.

  "(1b) A service pensioner has a credit amount for the purposes of this section in relation to a fortnight beginning on a pension pay day if the person's annual permissible income in that fortnight equals