Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:16_7:p3
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 16 cl 7 (pt 3/4)
Character Range: 307461–310094

the first person or a court; or
 (ii) 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 termination payments

 1066A‑G13 If a person who is covered by point 1066A‑G5 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1066A‑G3 to 1066A‑G12 (inclusive):
 (a) each part of the payment that is in respect of a different kind of termination payment 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 periods to which the separate payments relate.

Definitions

 1066A‑G14 In this Module:

leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave.

payment fortnight means a fortnight in respect of which a disability support pension is paid, or would be paid apart from the application of an income maintenance period, to a person.

period to which the payment relates means:
 (a) if the payment is a leave payment—the leave period to which the payment relates; or
 (b) if the payment is a redundancy payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the redundancy) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or
 (c) if the payment is a redundancy payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the redundancy payment if:
 (i) the person's employment had continued; and
 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.

redundancy payment does not include a qualifying eligible termination payment within the meaning of Subdivision AA of Division 2 of Part III of the Income Tax Assessment Act 1936.

roll‑over, in relation to a lump sum leave payment or a lump sum redundancy 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.

termination payment means:
 (a) a leave payment relating to a person's employment that has been terminated; or
 (b) a redundancy payment.