Document ID: chunk:federal_register_of_legislation:C2024C00458:section:43:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 43 (pt 1/4)
Character Range: 200091–202639

43  Payment by instalments

Payment in arrears in relation to periods
 (1) A social security periodic payment is to be paid:
 (a) in arrears; and
 (b) by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.

Timing of payments of instalments
 (2) Subject to sections 52 and 53, instalments of a social security periodic payment are to be paid at such times as the Secretary determines.

Total instalment relating to a period
 (3) Subject to subsection (4), the amount that is to be paid to a person as an instalment of a social security periodic payment in relation to a period is the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for days in that period on which the social security periodic payment was payable to the person.

Weekly payments of a social security periodic payment
 (3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments) if the person is a member of a class specified under subsection (3B).
 (3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).
 (3C) The first of the part payments:
 (a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:
 (i) are days on which the social security periodic payment was payable to the person; and
 (ii) are included in the first 7 days of the instalment period; and
 (b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.
 (3D) The other of the part payments:
 (a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and
 (b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.
 (3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that:
 (a) a single instalment of the social security periodic payment is,