Document ID: chunk:federal_register_of_legislation:C2005C00734:clause:6_35:p1
Version: federal_register_of_legislation:C2005C00734
Segment Type: clause
Provision Reference: sch 6 cl 35 (pt 1/2)
Character Range: 148428–151054

35  At the end of section 93
Add:

 (2) If:
 (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
 (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
 (c) the event or change of circumstances occurs; and
 (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
 (e) because of the event or change of circumstances, the person's working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and
 (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the social security payment would, but for this subsection, cease to be payable to the person; and
 (g) the social security payment is not cancelled before the end of the nil instalment period;
the social security payment continues to be payable to the person until a day determined in accordance with subsection (3) and is then cancelled by force of this subsection.

 (3) For the purposes of subsection (2), the day until which the social security payment continues to be payable to the person is:
 (a) if the cancellation is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the payment is so cancelled during the instalment period (the next instalment period) following the nil instalment period—the later of:
 (i) the day before the day on which the balance was reduced to nil; or
 (ii) the end of the event instalment period; and
 (b) if the cancellation is attributable to the balance having already been reduced to nil and the payment is so cancelled during the next instalment period—the later of:
 (i) the day before the first day on which the opening balance was nil; or
 (ii) the end of the event instalment period; and
 (c) if the cancellation is attributable to the reduction of the balance to nil but the payment is not so cancelled during the next instalment period—the later of:
 (i) the day before the day on which the balance was reduced to nil; or
 (ii) the end of the notification period; and
 (d) if the cancellation is attributable to the balance having already been reduced to nil but the payment is not so cancelled during the next instalment period—the