Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p14
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 31766–34422

of the maintenance income as required by or under that Act.

(3)     If subclause (1) ceases to apply to the person, this clause will not apply to the person at any time after that cessation.

(4)     The person's social security pension or benefit amount in the fortnight is not to exceed:

    (a)     if the person had a dependent child or dependent children immediately before 17 June 1988—the amount of the social security pension, social security benefit or service pension received in the fortnight that ended on 16 June 1988; or

    (b)     if the person did not have a dependent child immediately before 17 June 1988—the amount of the social security pension, social security benefit or service pension received by the person in the fortnight that ended on 16 June 1988 increased to take account of any indexation increases, but no other increases, after 16 June 1988.

  (5) If:

    (a)     the person's total income for the fortnight that ended on 16 June 1988 included an extra payment; and

    (b)    after 26 June 1989 the person is no longer entitled to an extra payment of the same kind because of a change in the person's circumstances; and

    (c)     the change in circumstances is not a change in the person's other income;

the person's total income for the fortnight that ended on 16 June 1988 is to be taken, for the purposes of subclause (1) after the change in circumstances, to have been reduced by the amount of the extra payment.

Note: for "extra payment" see subclause (7) below.

SCHEDULE 1—continued

  (6) If the amount of:

    (a)     a benefit or allowance received by the person under the 1947 Act in the fortnight that ended on 16 June 1988; or

    (b)     a pension received by the person under Part III of the Veterans' Entitlements Act in the fortnight that ended on 16 June 1988;

is less than the amount of the person's fortnightly rate of benefit, allowance or pension, the amount of the benefit, allowance or pension received by the person in that fortnight is to be taken, for the purposes of this clause, to be the amount of the person's fortnightly rate of the benefit, allowance or pension.

  (7) In this clause:

"extra payment" means:

  (a) an additional payment for a partner made under:

       (i) subsection 118 (2) of the 1947 Act; or

      (ii) Module C of Benefit Rate Calculator A of this Act; or

      (iii) Module C of Benefit Rate Calculator B of this Act; or

  (b) additional amounts for dependent children under:

      (i) subsection 33 (3) or (4) of the 1947 Act; or

      (ii) this Act; or

         (iii) paragraph 47 (3) (a), (b), (c) or (e) of the Veterans' Entitlements Act;