Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:6_916d:p1
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 6 cl 916D (pt 1/2)
Character Range: 226529–229178

916D  The excluded payment requirement

 (1) A person satisfies the excluded payment requirement for an income year if:
 (a) there were at least 92 days during the year in respect of which relevant clean energy payments were not paid to the person; and
 (b) the person satisfies subsection (2) for the income year; and
 (c) there were at least 13 weeks during the year for which the person did not receive any of the payments set out in subsection (3).

Note: For relevant clean energy payment, see subsection (5).

 (2) A person satisfies this subsection for an income year if either:
 (a) there were at least 13 weeks during the income year for which the person did not have an FTB child; or
 (b) if paragraph (a) does not apply—all of the following apply:
 (i) the Secretary determined under paragraph 19(b) of the Family Assistance Administration Act that the person was not entitled to be paid family tax benefit for a past period;
 (ii) because of that determination, there were at least 13 weeks during the income year for which the person was not entitled to be paid family tax benefit;
 (iii) the determination was not made because of section 26 of the Family Assistance Act.

Excluded payments

 (3) The payments are the following:
 (a) a social security pension (other than a sole parent pension or special needs pension);
 (b) a social security benefit;
 (c) seniors supplement under Part 2.25B of this Act or Part VIIAD of the Veterans' Entitlements Act;
 (d) a payment under the ABSTUDY Scheme that included an amount identified as living allowance;
 (e) a payment under Part 5 or 6 of the Farm Household Support Act 1992;
 (f) a pension under Part II, III or IV of the Veterans' Entitlements Act (other than a pension that is payable at a rate specified in subsection 30(2) of that Act);
 (g) compensation under Part 2 of Chapter 4, or Division 2 of Part 2 of Chapter 5, of the Military Rehabilitation and Compensation Act;
 (h) a Special Rate Disability Pension (within the meaning of section 198 of the Military Rehabilitation and Compensation Act);
 (i) a payment under the Military Rehabilitation and Compensation Act Education and Training Scheme worked out by reference to the maximum basic rate of youth allowance;
 (j) a payment under the Veterans' Children Education Scheme worked out by reference to the maximum basic rate of youth allowance.

 (4) For the purposes of paragraph (3)(g), if a person has received compensation mentioned in that paragraph as a lump sum (whether paid before, on or after the commencement of this Division), the person is taken to be receiving the weekly amount that would have been payable had