Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p59
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 151326–154205

person's advance payment deduction may be increased to a larger amount if the person asks the Commission in writing for the advance payment deduction to be the larger amount.

SCHEDULE 7—continued

"(2) Subsection (1) does not apply if the Commission is satisfied that the person would suffer severe financial hardship if the advance payment deduction were the larger amount.

Reduction of advance payment deduction in cases of severe financial hardship

Reduction

"67G.(1) Subject to subsection (2) and sections 67H and 67J, if:

    (a) the person applies in writing to the Commission for an advance payment deduction to be decreased, or to be stopped, because of severe financial hardship; and

    (b) the Commission is satisfied that:

       (i) the person's circumstances are exceptional and could not reasonably have been foreseen at the time of the person's application for the advance payment; and

        (ii) the person would suffer severe financial hardship if the advance payment deduction that would otherwise apply were to continue;

the Commission may determine in writing that, for the period stated in the determination, the advance payment deduction is to be the lesser amount (which may be a nil amount) stated in the determination.

Review of reduction

"(2) At any time while the determination is in force, the Commission may:

    (a) vary the determination so as to require to be deducted from the person's rate an advance payment deduction larger than the deduction (if any) previously applying under the determination, but smaller than the deduction applying immediately before the determination; or

    (b) revoke the determination;

but only if the Commission is satisfied that the person would not suffer severe financial hardship because of the variation or revocation.

Variation or revocation in writing

"(3) A variation or revocation of a determination must be in writing.

SCHEDULE 7—continued

The final advance payment deduction

"67H.(1) If an advance payment deduction that would otherwise be deducted from a person's rate of pension exceeds the part of the advance payment that the person has not yet repaid (by previous deductions under this Division or otherwise), the amount of that advance payment deduction equals the part that the person has not yet repaid.

Example:

Facts:

Anne has been paid an advance of $450.00. Anne's payment deduction is worked out under section 67E as follows: $450 13 = $34.62. This amount is rounded under section 67K to $34.60.

Anne has requested that the advance payment deduction be the larger amount of $55.00 (see section 67F), so that the advance will be repaid sooner.

Application:

If $55 is deducted from Anne's fortnightly rate of pension, $440 will have been repaid after 8 successive fortnights, leaving $10 unpaid. Under this section, the final advance payment deduction will be $10.