Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_1174
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 1174
Character Range: 18698–20578

1174  Effect of periodic compensation payments on rate of partner's compensation affected payment

 (1) If:
 (a) a person receives periodic compensation payments; and
 (b) the person is a member of a couple; and
 (c) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, qualified for, and receiving, a compensation affected payment; and
 (d) the person is qualified for a compensation affected payment in relation to a day or days in the periodic payments period but, solely because of the operation of this Part, does not, or would not, receive the payment; and
 (e) the person's partner receives or claims a compensation affected payment in relation to a day or days in the periodic payments period;
the amount (if any) by which the daily rate of periodic compensation payable to the person exceeds the daily rate of the compensation affected payment for which the person is qualified in relation to a day or days in the periodic payments period (the excess amount) is to be treated as ordinary income of the person's partner for the purpose of the calculation of the amount of the compensation affected payment referred to in paragraph (e).

 (2) The reference in subsection (1) to a daily rate of periodic compensation is a reference to the amount worked out by dividing the total amount of the periodic compensation payments referred to in paragraph (1)(a) by the number of days in the periodic payments period.

 (3) For the purposes of subsection (1):
 (a) the amount that would, apart from this section, be the amount of the partner's ordinary income in relation to the day or days referred to in paragraph (1)(e) is to be increased by the excess amount; and
 (b) the increased amount is to be taken to be the amount of the partner's ordinary income in relation to that day or those days, as the case may be.