Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_20a:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 20A (pt 1/3)
Character Range: 22632–25389

20A  Annualised amount of maintenance income

Object of clause

 (1) The object of this clause is to annualise the maintenance income (other than capitalised maintenance income) (CMI) of an individual during an income year.

Annualisation of maintenance income other than CMI

 (2) If an individual receives maintenance income (other than CMI) from another individual during any period or periods (the relevant period or periods) in an income year, the annualised amount of the maintenance income of the individual is worked out using the following formula:

Commencement of relevant period

 (3) If:
 (a) an individual (payee) receives maintenance income (other than CMI) from another individual (payer) in an income year under a maintenance liability; and
 (b) subsection (4) does not apply;
the relevant period in respect of the maintenance income commences:
 (c) in the case where the maintenance liability arises after 1 July of the income year in which the maintenance income is received—on the day that the maintenance liability arises; or
 (d) in the case where the maintenance liability exists on 1 July of the income year in which the maintenance income is received—1 July.

 (4) If:
 (a) a payee receives maintenance income (other than CMI) from a payer in an income year under a maintenance liability; and
 (b) the payee has received maintenance income (other than CMI) from that payer previously during a period in the income year, but not under a maintenance liability; and
 (c) in between the time the payee receives maintenance income under paragraph (a) and the end of the period referred to in paragraph (b):
 (i) the payee and the payer were not members of the same couple; and
 (ii) the payee was entitled to claim, or apply for, maintenance from the payer;
the relevant period in respect of the maintenance income commences:
 (d) on the day the payee first received the previously received maintenance income in the income year; or
 (e) on such earlier day in respect of the previously received maintenance income that the Secretary determines.

 (5) If a payee receives maintenance income (other than CMI) from a payer during a period in an income year but not under a maintenance liability, the relevant period, in respect of the maintenance income, commences:
 (a) on the day that the payee first received the maintenance income during that period; or
 (b) on such earlier day that the Secretary determines.

End of relevant period

 (6) A relevant period, in respect of maintenance income (other than CMI) received under a maintenance liability in an income year, ends either when the maintenance liability ceases (if it ceases before the end of the income year) or on 30 June of the income year.

 (7) If:
 (a) a payee receives