Document ID: chunk:federal_register_of_legislation:F2023C00916:reg:4:p17
Version: federal_register_of_legislation:F2023C00916
Segment Type: reg
Provision Reference: reg 4 (pt 17/33)
Character Range: 48000–50672

related; and
(b) the determination of the person's eligibility for the clean energy advance.
Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).

Creation and amount of debt
 3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.
 3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.

Relationship with sections of Act
 3A.9.1 The provisions of the Act under which debts arise do not apply in relation to clean energy advances to which paragraph 3A.7.1 applies.

Multiple entitlement exclusion – Clean Energy Advance
 3A.10.1 Despite any provision of the MRCAETS a person is not eligible for a clean energy advance under the MRCAETS:
 (1) if the person has previously been paid, or is eligible or qualified for, a clean energy advance under:
 (a) ABSTUDY; or
 (b) the MRCA, in relation to a MRCA wholly dependent partner payment; or
 (c) the Social Security Act 1991; or
 (d) the VCES (in relation to the same period); or
 (e) the VEA, except for a clean energy advance in relation to a pension payable under Part II or IV of the VEA at a rate determined under or by reference to Division 4 of Part II of the VEA; or
 (2) if the person has previously been paid a clean energy advance under the MRCAETS (in relation to the same period).
 3A.10.2 A person to whom paragraph 3A.10.1 applies may still be eligible for a top‑up payment.

Division 2—Energy supplement and Quarterly energy supplement

Energy supplement
 3A.11.1 This paragraph applies to a person for a day if:
 (a) the person receives for the day a clean energy underlying payment; and
 (b) the person's rate of the payment is greater than nil; and
 (c) the person is residing in Australia on the day; and
 (d) on the day the person either:
 (i) is in Australia; or
 (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.

Energy supplement payable
 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement