Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_6:p4
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 4/9)
Character Range: 140294–143012

on behalf of the first person; or
 (iii) for the benefit of the first person; or
 (b) the first person waives or assigns his or her right to receive the payment.

Single payment in respect of different kinds of leave—employment terminated
 1067L‑D14 If a person who is covered by point 1067L‑D6 receives a single payment in respect of different kinds of leave, then, for the purposes of the application of points 1067L‑D4 to 1067L‑D13 (inclusive):
 (a) each part of the payment that is in respect of a different kind of leave is taken to be a separate payment; and
 (b) the income maintenance period in respect of the single payment is worked out by adding the leave periods to which the separate payments relate.

Definitions
 1067L‑D15 In points 1067L‑D4 to 1067L‑D14 (inclusive):
payment fortnight means a fortnight in respect of which an austudy payment is paid, or would be paid apart from the application of an income maintenance period, to a person.
roll‑over, in relation to a lump sum leave payment, has the meaning that roll‑over has in section 27D of the Income Tax Assessment Act 1936 in relation to an eligible termination payment.

Meaning of leave payment
 1067L‑D16 In points 1067L‑D4 to 1067L‑D15 (inclusive):
leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave.

Ordinary income includes certain periodical payments from relatives
 1067L‑D17 Subject to point 1067L‑D18 (and despite paragraph 8(8)(z)), a person's ordinary income for the purposes of this Module includes a periodical payment or benefit by way of gift or allowance from the father, mother, son, daughter, brother or sister of the person.

Board and lodging
 1067L‑D18 A person's ordinary income is not to include a payment to the person for board or lodging provided by the person to the person's father, mother, son, daughter, brother or sister.

Ordinary income generally taken into account when first earned, derived or received
 1067L‑D19 Subject to points 1067L‑D20, 1067L‑D21, 1067L‑D23 and 1067L‑D24 and section 1073, ordinary income is to be taken into account in the fortnight in which it is first earned, derived or received.

Claimant or recipient receives lump sum amount for remunerative work
 1067L‑D20 If a person whose claim for austudy payment has been granted receives, after the claim was made, a lump sum amount that:
 (a) is paid to him or her in relation to remunerative work; and
 (b) is not a payment to which point 1067L‑D21 applies; and
 (c) is not an exempt lump sum;
the person is, for the purposes of this Module, taken to receive one fifty‑second of that amount as ordinary income during each week in the 12 months commencing on the day on which