Document ID: chunk:federal_register_of_legislation:C2024C00613:section:53
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 53
Character Range: 115356–116623

53  Additional protection of the counselling and psychological services payment—garnishee orders
 (1) If:
 (a) a counselling and psychological services payment is being paid, or has been paid, to the credit of an account; and
 (b) a court order in the nature of a garnishee order comes into force in relation to the account;
the court order does not apply to the saved amount (if any) in the account.
 (2) The saved amount is worked out as follows:

      Method statement
           Step 1. Work out the amount of the counselling and psychological services payment that has been paid to the credit of the account in the year immediately before the court order came into force.
           Step 2. Subtract from the amount of that payment the total amount withdrawn from the account during that year: the result is the saved amount.
 (3) To avoid doubt, if the counselling and psychological services payment is being, or has been paid, in instalments, a reference in subsection (2) to the amount of the counselling and psychological services payment that has been paid to the credit of the account in the year is a reference to the total amount of those instalments that have been paid to the credit of the account in the year.

Division 4—Direct personal responses