Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_10:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 10 (pt 1/3)
Character Range: 2016708–2019507

10  Saving provisions applicable to the amendments relating to amounts in respect of children
 (1) This clause applies to a person if:
 (a) immediately before 1 January 1998 a service pension or income support supplement was payable to the person at a rate that included one or more pension/supplement child‑related amounts in respect of a child or children; and
 (b) the Commission determines on or before 31 March 1998, or after that date as a result of an application made by the person to the Commission on or before that date, that, on 1 January 1998, the person's notional pension/supplement child‑related amount was or will be greater than the notional family allowance child‑related amount in relation to the person or the person's partner.
 (2) The rate of service pension or income support supplement payable to the person from time to time includes the person's notional pension/supplement child‑related amount at that time until, in accordance with subclause (2A), it is no longer to be so included.
 (2A) For the purposes of subclause (2), the rate of service pension or income support supplement payable to the person is no longer to include the person's notional pension/supplement child‑related amount:
 (a) in respect of any payment made at any time before 1 July 2000—if the person's notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or the person's partner at that time; and
 (b) in respect of any payment made at any time on or after 1 July 2000—if the person has elected, by written notice given to the Secretary, no longer to be covered by this clause.
 (2B) For the purposes of Part IIIC, the rate of invalidity service pension, partner service pension, or income support supplement, that is payable to a person who has not reached pension age does not include the notional pension/supplement child‑related amount.
 (3) If:
 (a) at any time before 1 July 2000, the person's notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or person's partner; and
 (b) because of this fact, the rate of service pension or income support supplement payable to a person is no longer to include the first‑mentioned amount;
the rate of that pension or supplement is never thereafter to include the person's notional pension/supplement child‑related amount even though that amount may again become greater than the notional family allowance child‑related amount in relation to the person or the person's partner.
 (3A) Subclause (2) ceases to apply to the rate of service pension or income support supplement payable to a person:
 (a) from the start of the day the Social Security Legislation