Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p22
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 52773–55224

that could be payable to the person reduced by an amount per week equal to one-eighth of the amount of that excess.
"(4) Where:
    (a) a person is receiving an allowance; and
    (b) at any time during the allowance period, the income of the person during a period of 4 weeks that ends on a day within the allowance period, being a period of 4 weeks that ended within one month of that time, exceeded 125% of each of:
        (i) the amount of the income of the person that was last taken into account for the purposes of determining the total rate per week of allowance payable to the person during that allowance period; and

        (ii) the amount of the allowable income of the person in that period of 4 weeks;
the rate per week of the allowance payable to the person during the remainder of the allowance period is the maximum rate per week that could be payable to the person reduced by an amount per week equal to one-eighth of the amount by which the income of the person during that period of 4 weeks exceeds the allowable income of the person in that period of 4 weeks.
"(5) The rate of an allowance payable to a person shall not be reduced during an allowance period because of the income of the person otherwise than under subsection (4).
"(6) Where the amount of an allowance payable to a person in respect of a fortnight would include 0.5 cent, that amount shall be increased by 0.5 cent.
"(7) For the purposes of the application of subsection (2) to a married person who is living with his or her spouse in their home, any rent paid or payable by the spouse shall be taken to be paid or payable by the person.

Claim for allowance
"75. (1) Where:
    (a) an allowance is payable to a person; and
    (b) the person lodges another claim for an allowance during the allowance period;
that other claim shall be taken to be lodged on the day after the last day of the allowance period.
"(2) Where:
    (a) a person has been paid ah allowance during the whole or a part of an allowance period; and
    (b) the person lodges another claim for an allowance within the period of 4 weeks after the end of that allowance period;
the other claim shall be taken to have been lodged on the day after the last day of that allowance period.

Payment of allowance
"76. (1) Subject to this Part, where a claim by a person for an allowance is granted, the allowance shall be paid:
    (a) if the person was entitled to receive an allowance immediately