Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p14
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 33435–36083

case of a person who is receiving a pension on 4 November 1987:
            (i) in relation to the week commencing on 5 November 1987—the sum of the credit amounts (if any) in relation to the person calculated from 1 January 1987 or from the day on which the person commenced to receive the pension, whichever is the later, or
            (ii) in relation to each later week—the amount of the earnings credit (if any) of the person for the preceding week increased, if there is a credit amount in relation to the person for that later week, by that credit amount or decreased, if subsection (3) applied to the person in that later week, by the amount by which the person's earnings credit was reduced under that subsection in that later week;
        or $1,000, whichever is the lesser amount; or
        (b) in the case of a person who commences to receive a pension after 4 November 1987:
            (i) in relation to the week in which the person commences to receive the pension—the credit amount (if any) of the person for that week; or
            (ii) in relation to each later week—the amount of the earnings credit (if any) of the person for the preceding week increased, if there is a credit amount in relation

            to the person for that later week, by that credit amount or decreased, if subsection (3) applied to the person in that later week, by the amount by which the person's earnings credit was reduced under that subsection in that later week;
          or $1,000, whichever is the lesser amount;
    'pension' means a prescribed pension under this Act, other than a carer's pension or a benefit under Part XIII.
"(2) For the purposes of the definition of 'earnings credit' in subsection (1):
    (a) where:
            (i) a person was, immediately before becoming entitled to receive a pension, receiving a payment under Part III of the Veterans' Entitlements Act 1986; and
            (ii) the person had an earnings credit under section 49b of that Act at that time;
    the earnings credit shall be treated as if it were an earnings credit under this section; and
    (b) where a person who has ceased to be qualified to receive a pension again becomes entitled to receive a pension, no account shall be taken of any earnings credit of the person before the person again became so entitled.
"(3) Where:
    (a) there is an earnings credit in relation to a person (not being a person to whom subsection 33 (15) or (16) applies);
    (b) the person becomes entitled to a payment for remunerative work undertaken by the person during a particular week; and
    (c) in that week, the annual rate of income of the person