Document ID: chunk:federal_register_of_legislation:C2010A00135:clause:1_6
Version: federal_register_of_legislation:C2010A00135
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 9760–12013

6  After subsection 58A(3)
Insert:

Pensions may be payable weekly
 (3A) The Commission may determine, in writing, that the total amount of an instalment of pension payable to a person in relation to a pension period is payable to the person in 2 payments (the part payments) if the person is a member of a class specified under subsection (3C).
 (3B) A determination made under subsection (3A) is not a legislative instrument.
 (3C) The Commission may, by legislative instrument, specify a class of persons for the purposes of subsection (3A).
 (3D) The first of the part payments:
 (a) is not to exceed the total of the amount of pension (calculated in accordance with this section) payable to the person for days that:
 (i) are days on which the pension was payable to the person; and
 (ii) are included in the first 7 days of the pension period; and
 (b) is payable at a time determined by the Commission that is after the first 7 days of the pension period.
 (3E) The other of the part payments:
 (a) is the excess of the amount that is payable to the person as the instalment of pension in relation to the pension period over the first of the part payments; and
 (b) is payable at a time determined by the Commission that is after the end of the pension period.
 (3F) If the total amount of pension payable to a person in relation to a pension period is payable to the person in part payments, then it is taken for the purposes of this Act that:
 (a) a single instalment of the pension is payable in relation to the period; and
 (b) that instalment is payable when the last of the part payments is, or is to be, made; and
 (c) that instalment is equal to the total of the part payments.
Note: The total of the part payments equals the amount worked out under subsection (2) (as affected by subsections (7) and (9), if relevant) as the amount payable to the person as the instalment of the pension in relation to the pension period.
 (3G) However, sections 58J (about payments to Commissioner of Taxation or Child Support Registrar) and 122B (about deductions from instalments) apply as if each of the part payments were a separate instalment.
Note: The following heading to subsection 58A(4) is inserted "Calculation of rate of pension payable".