Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p37
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 106185–108892

has been receiving

SCHEDULE 4—continued

     a service pension or a social security pension or social security benefit; and

    (c)     immediately before the commencement of this section, subsection 21 (4) of the Social Security and Veterans' Entitlements (Maintenance Income Test) Amendment Act 1988 had not ceased to apply to the person; and

    (d)     in a fortnight the person's total income would otherwise be less than it was in the fortnight that ended on 16 June 1988;

the person's service pension amount in that fortnight is to be such that the person's total income for the fortnight is equal to the person's total income for the fortnight that ended on 16 June 1988.

  "(2) Subsection (1):

    (a)     has effect in spite of anything else in the Veterans' Entitlements Act; and

  (b)     has effect subject to subclause (3); and

  (c)     does not apply if:

         (i) the person was required by or under the Social Security Act 1947 or the Veterans' Entitlements Act to notify the Department of the maintenance income that the person had in the fortnight that ended on 16 June 1988; and

         (ii) the person failed to notify the Department of the maintenance income as required by or under that Act.

"(3) If subsection (1) ceases to apply to the person, this section will not apply to the person at any time after that cessation.

"(4) The person's service pension amount in the fortnight is not to exceed:

    (a)     if the person had a dependent child or dependent children immediately before 17 June 1988—the amount of the service pension or social security pension or social security benefit received in the fortnight that ended on 16 June 1988; or

    (b)    if the person did not have a dependent child immediately before 17 June 1988—the amount of the service pension or social security pension or social security benefit received by the person in the fortnight that ended on 16 June 1988 increased to take account of any indexation increases, but no other increases, after 16 June 1988.

  "(5) If:

    (a)     the person's total income for the fortnight that ended on 16 June 1988 included an extra payment; and

    (b)    after 26 June 1989 the person is no longer entitled to an extra payment of the same kind because of a change in the person's circumstances; and

SCHEDULE 4—continued

     (c) the change in circumstances is not a change in the person's other income;

the person's total income for the fortnight that ended on 16 June 1988 is to be taken, for the purposes of subsection (1) after the change in circumstances, to have been reduced by the amount of the extra payment.

Note: for 'extra payment' see subclause (7) below.

  "(6) If the amount