Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p47
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 113380–116046

to whom or in respect of whom a payment of the kind referred to in paragraph 35 (15) (a), (b) or (c) was being made; and

            (iv) was, immediately before that day, a person in respect of whom an increase in the maximum rate of an income support pension was applicable; and
       (b) does not have a child who is a dependant of the veteran who is not a child to whom paragraph (a) applies;
    as if references in that subsection to the greater or greatest amount per year that could be applicable to the veteran under a paragraph of subsection (3) if subsection (6) did not apply to the veteran were references to $260.".
Commencement: 1 January 1988

74. After section 49a of the Principal Act the following section is inserted:

Earnings credit
"49b. (1) In this section:
     'annual permissible income', in relation to a person, means:
        (a) the annual rate specified in paragraph 47 (5) (a) or 48 (4) (a) that is applicable to the person; or
        (b) if the person has a dependent child or children—the rate referred to in paragraph (a) increased by the annual rate applicable to the person under subsection 37 (1) or (3);
     'annual rate of income', in relation to a person who is receiving a pension, means the annual rate of income of the person for the purposes of this Part calculated without regard to subsections 37 (1) and (3);
     'credit amount', in relation to a person whose annual permissible income in a particular fortnight ending on a Wednesday exceeds the person's annual rate of income in that fortnight, means one twenty-sixth of an amount equal to that excess;
     'earnings credit', in relation to a person who is receiving a pension, in relation to the fortnight commencing on 4 November 1987 and in relation to each succeeding fortnight, means:
        (a) in the case of a person who is receiving a pension on 4 November 1987:
            (i) in relation to the fortnight 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 fortnight—the amount of the earnings credit (if any) of the person for the preceding fortnight increased, if there is a credit amount in relation to the person for that later fortnight, by that credit amount or decreased, if subsection (3) applied

            to the person in that later fortnight, by the amount by which the person's earnings credit was reduced under that subsection in that later fortnight;
        or $1,000, whichever is the lesser amount; or
        (b)