Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p35
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 88302–91134

payments

"(2) For the purposes of subsection (1), the income that a person's partner has lost because of the partner's incapacity for work includes a payment received by the partner under the New Enterprise Incentive Scheme.

Payment to a substitute

  "(3) If:

     (a) a payment is made to someone else who acts as the partner's substitute during a period of incapacity; and

    (b) the Secretary is satisfied that the payment is made justifiably and genuinely;

the Secretary may, for the purposes of subsection (1), regard the payment as income that the partner has lost because of the partner's incapacity for work.

Limitation on rate—partner transferring from social security pension

  "771KD. If:

    (a) a person's partner is qualified for sickness allowance through subparagraph 666(1)(d)(iii) (transfer from social security pension); and

    (b) a wife pension or carer pension was, immediately before the partner ceased to receive social security pension, payable to the person;

the rate per fortnight of the person's partner allowance is not to exceed the rate per fortnight of the wife pension or carer pension that was payable to the person.

Note: There is also a limitation on the rate of sickness allowance payable to the partner (see section 712).

Rate of partner allowance if partner receiving special benefit

"771KE.(1) If a person's partner is receiving a special benefit, the person's rate of partner allowance is the fortnightly rate determined by the Secretary in his or her discretion.

"(2) Subject to Part 2.24 (major disaster) and section 1161 (release from gaol), the rate of a person's partner allowance is not to exceed the rate at which job search allowance or newstart allowance would be payable to the person if:

    (a) the person were qualified for job search allowance or newstart allowance; and

    (b) job search allowance or newstart allowance were payable to the person.

Note 1: For double payments on release from gaol see section 1161.

Note 2: For double payments in the case of a major disaster see Part 2.24.

"Division 5—Payment of partner allowance

Commencement of partner allowance

"771KF. Partner allowance becomes payable to a person on the first day on which:

  (a) the person is qualified for the allowance; and

     (b) no provision of this Act makes the allowance not payable to the person.

Note 1: For qualification see section 771HA.

Note 2: For circumstances in which a partner allowance is not payable see section 771HC.

Instalments

"771KG.(1) Partner allowance is to be paid by instalments for periods determined by the Secretary.

"(2) Instalments of partner allowance are to be paid at the times determined by the Secretary.

Instalments for period less than a fortnight

  "771KH.(1) If:

  (a) an instalment of partner allowance is for a period;