Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p33
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 87421–90353

some or all of the lump sum preclusion period;

the recoverable amount is equal to the smaller of the following amounts:

    (c) the compensation part of the lump sum compensation payment;

    (d) the sum of:

       (i) the payments of the compensation affected payment made to the person for the lump sum preclusion period; and

       (ii) the payments of any compensation affected payment (excluding any payments of parenting allowance) and (if applicable) payments of youth training allowance made to the person's partner for the lump sum preclusion period; and

       (iii) any payments of parenting allowance in excess of the maximum basic component of parenting allowance made to the person's partner during the lump sum preclusion period.

    Note 1: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
    Note 2: If the partner of a compensation recipient receives or claims parenting allowance, parenting allowance during the lump sum preclusion period may be reduced under subsection 1165(2B).'.".

64. Items 101 to 109 (inclusive) of Schedule 1:

Omit the items, substitute:

"109. After subsection 1170(4A):

Insert:

'(4B) If:

(a) the person is a member of a couple; and

SCHEDULE 16—continued

(b) the person's partner receives a parenting allowance for some or all of the periodic payments period;

the recoverable amount is equal to the smaller of the following amounts:

(c) the sum of the periodic compensation payments;

(d) the sum of:

        (i) the payments of the compensation affected payment made to the person for the periodic payments period; and

        (ii) the payments of any compensation affected payment (excluding any payments of parenting allowance) and (if applicable) payments of youth training allowance made to the person's partner for the periodic payments period; and

        (iii) any payments of parenting allowance in excess of the maximum basic component of parenting allowance made to the person's partner during the periodic payments period.

    Note 1: For the maximum basic component of parenting allowance see point 1068A-B6 of the Parenting Allowance Rate Calculator at the end of section 1068A.
    Note 2: If the partner of a compensation recipient receives or claims parenting allowance, parenting allowance during the periodic payments period may be reduced under subsection 1168(6).'.".

65. Items 27 to 31 (inclusive) of Schedule 2:

Omit the items.

Note: The heading to item 32 of Schedule 2 is replaced by the heading "After subsection 1168(30):".

66. Item 33 of Schedule 2:

Omit the item.

67. Item 34 of Schedule 2 (proposed Example 2 to section 1168 of the Social Security Act 1991):

Omit "covered by the subsection", substitute "covered by subsection (3B)".

PART 3—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 COMMENCING IMMEDIATELY AFTER THE COMMENCEMENT OF