Document ID: chunk:federal_register_of_legislation:C2025C00162:section:38b:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 38B (pt 2/2)
Character Range: 395675–397668

because no longer than 6 weeks have elapsed since he actually received such a payment.
       Therefore, as John may be taken to have accrued 12 months continuous receipt of income support payments, he may have a period, under subsection 38B(4), of not longer than 13 weeks without income support payments and still be taken to be in continuous receipt.
       However, under subsection 38B(5), the period of not longer than 13 weeks allowed under subsection 38B(4) must include the period of 4 weeks that occurred immediately before, as well as the 10 weeks immediately after, John was taken to have accrued 12 months duration.
       As his total period in which he did not receive income support payments was 14 weeks, it exceeds the 13 weeks allowed under subsection 38B(4). His continuous period in receipt of income support ceased, under subsection 38B(2), on the last day he received payment before he started employment.
       A new period of continuous receipt of income support payments will begin when John resumes income support payments after his 14 week break.
 (6) For the purposes of this section, a person who was receiving an income support payment is taken to have continued to receive the payment in respect of a period if:
 (a) for the duration of the period, the person remained qualified to receive the income support payment by the operation of the exercise of the discretion under:
 (i) section 516 of this Act as in force at a time before 20 September 1996; or
 (ii) section 595 of this Act (disregard a period of employment);
  but the person's rate of payment was reduced to nil because of the operation of:
 (iii) section 1067G, 1067L or 1068 of this Act; or
 (b) the period was a compliance penalty period that applied to the person in respect of the income support payment; or
 (c) subsection 547AA(1) or 615(1) applied to the person in respect of the income support payment for the duration of the period.
Note: For income support payment see subsection 23(1).