Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_751
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 751
Character Range: 64481–66400

751  Rate of special benefit where activity test breach rate reduction period applies

 (1) If:
 (a) an activity test breach rate reduction period applies to a person under this Part; and
 (b) the person qualifies for special benefit; and
 (c) special benefit is payable to the person;
the person's rate of special benefit for the activity test breach rate reduction period is worked out as follows:

       Special benefit rate calculator for activity test breach rate reduction period applying under this Part
       This is how to work out a person's rate of special benefit for an activity test breach rate reduction period that applies to the person under this Part.
       Method statement
            Step 1. Work out the person's maximum payment rate, being:

                 (a) if the person has not turned 21—the amount that would be the person's maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and
                 (b) if the person has turned 21—the amount that would be the person's maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.

            Step 2. Work out the rate reduction amount in accordance with subsection (2).
            Step 3. Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:
             the result (which may be a nil rate) is called the activity test breach reduced rate.
 (2) A person's rate reduction amount is worked out as follows:
 (a) if the activity test breach is the person's first breach in the 2 year period:
 (b) if the activity test breach is the person's second breach in the 2 year period:

 (3) In this section:

2 year period means the 2 years immediately before the day after the activity test breach.

Subdivision D—Administrative breach reductions in the rate of special benefit for persons who are nominated visa holders