Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p20
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 53308–55993

be included in the person's ordinary income.

"(1B) Subject to subsection (3), for the purposes of the application of this Act in relation to a person's rate of youth training allowance, if:

    (a) a person who is a member of a couple has, on or after 14 May 1987, disposed of ordinary income of the person; and

    (b) the amount of the disposition is greater than the least amount that, if added to the person's ordinary income (disregarding this section), would cause the person's rate of youth training allowance to be reduced to nil;

then:

    (c) the second of the amounts referred to in paragraph (b) is to be included in the person's ordinary income; and

    (d) the difference between the 2 amounts referred to in paragraph (b) is to be included in the person's partner's ordinary income.".

11. Subsection 221(1):

Omit "If', substitute "Subject to subsection (2), if'.

12. Subsection 221(2):

Omit the subsection, substitute:

"(2) Subsection (1) does not apply in relation to the application of an ordinary income test to a person if the fortnightly rate of ordinary income of the person's partner is such that the rate of youth training allowance payable to the person for the accounting period would be nil even if the person's fortnightly rate of ordinary income were not taken into account in working out the rate of the allowance.

SCHEDULE 12—continued

"(3) The reference in subsection (1) to the fortnightly rate of ordinary income of the person's partner is a reference to that rate after taking into account any application of subsection (1) in relation to amounts of money the partner has earned for remunerative work.".

13. Subsections 222(2) and (3):

Omit the subsections.

14. Point A1 (Step 9) in Module A in Schedule 1:

Omit "ordinary" (wherever occurring).

15. Subparagraph D5(b)(ii) in Module D in Schedule 1:

Omit "point G15", substitute "point G17".

16. Heading to Module G in Schedule 1:

Omit "ORDINARY".

17. Point G1 in Module G in Schedule 1:

    (a) After "person's ordinary income" (first occurring) insert ", and the ordinary income of a partner of the person,".

    (b) Omit from Note 1 at the end of Step 1 ", G3".

    (c) Omit Steps 2, 3, 4, 5 and 6, substitute:

         "Step 2. If the person is a member of a couple, work out the partner income free area using point G12.

            Note: The partner income free area is the maximum amount of ordinary income the person's partner can have without affecting the person's benefit.

        Step 3. Use paragraphs G13(a), (b) and (c) to work out whether the person has a partner income excess.

        Step 4, If the requirements of paragraphs G13(a), (b) and (c) are not