Document ID: chunk:federal_register_of_legislation:C2025C00162:section:4:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 4 (pt 4/7)
Character Range: 1982337–1985115

the first person or a court; or
 (b) on behalf of the first person; or
 (c) for the benefit of the first person; or
the first person waives or assigns the first person's right to receive the payment.

Single payment in respect of different kinds of termination payments
 1068B‑D17 If a person who is covered by point 1068B‑D10 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1068B‑D9 to 1068B‑D16 (inclusive), each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment and the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions
 1068B‑D18 In points 1068B‑D9 to 1068B‑D18 (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.
period to which the payment relates means:
 (a) if the payment is a leave payment—the leave period to which the payment relates; or
 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or
 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:
 (i) the person's employment had continued; and
 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.
redundancy payment includes a payment in lieu of notice, but does not include a directed termination payment within the meaning of section 82‑10F of the Income Tax (Transitional Provisions) Act 1997.
termination payment includes:
 (a) a redundancy payment; and
 (b) a leave payment relating to a person's employment that has been terminated; and
 (c) any other payment that is connected with the termination of a person's employment.

Period over which ordinary income taken into account
 1068B‑D19 Subject to points 1068B‑D8 to 1068B‑D18 (inclusive), a person's ordinary income (except employment income) is to be taken into account over such period, not exceeding 52 weeks, as the Secretary determines.
Note 1: This point, in conjunction with point 1068B‑D20, enables the Secretary to determine