Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p94
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
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Character Range: 238779–241720

recover a debt from a person other than the debtor if the person is receiving a social security payment.

Effect of garnishee or attachment order

"1061NC.(1) If:

   (a) a person has an account with a financial institution; and

   (b) a court order in the nature of a garnishee order comes into force in respect of the account; and

   (c) a disaster relief payment payable to the person (whether on the person's own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;

the court order does not apply to the saved amount (if any) in the account.

"(2) The saved amount is worked out as follows:

Method statement

    Step 1. Work out the amount of disaster relief payment paid to the credit of the account as mentioned in paragraph (1)(c).

    Step 2. Subtract from that amount the total amount withdrawn from the account during the 4-week period referred to in paragraph (1)(c): the result is the saved amount.

"(3) This section applies to an account whether it is maintained by a person:

   (a) alone; or

   (b) jointly with another person; or

   (c) in common with another person.

Note: A person affected by a garnishee order may have other saved amounts.".

26. Paragraph 1359(a):

After "instalments of" insert ", or make a deduction from,".

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                          SCHEDULE 22 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO LABOUR MARKET PROGRAMS

1. Paragraph 5(6)(c):

Omit "Force", substitute "Market".

Note: The heading to subsection 5(6) is altered by omitting "Force" and substituting "Market",

2. Paragraph 8(8)(r):

Omit "the Labour Force Programs", substitute "Labour Market Programs".

3. Paragraph 8(8)(s):

Omit, substitute:

    "(s) in the case of a person who is receiving a social security pension, a social security benefit, a youth training allowance or a service pension and is in part-time training, or engaged in part-time work experience, under a program included in the programs known as Labour Market Programs—a payment received by the person under that program in respect of the person's expenses associated with his or her participation in the training or work experience;".

4. Paragraph 831A(3)(b):

Omit "Force", substitute "Market".

5. Paragraph 926(b):

Omit "the Labour Force Programs", substitute "Labour Market Programs".

6. Paragraph 1228(2)(d):

Omit "Force", substitute "Market".

7. Subsection 1228(2) (Note):

Omit "Force", substitute "Market".

8. Sub-subparagraph 23(l)(a)(ii)(B) of Schedule 1A:

Omit, substitute:

     "(B) payments under a program included in the programs known as Labour Force Programs or Labour Market Programs; and".

    Note: The heading to clause 23 of Schedule 1A is altered by omitting "and Labour Force Program" and substituting ", Labour Force Program and Labour Market Program".

9. Sub-subparagraph 23(2)(a)(ii)(B) of Schedule