Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p48
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 115778–118473

or decreased, if subsection (3) applied

            to the person in that later fortnight, by the amount by which the person's earnings credit was reduced under that subsection in that later fortnight;
        or $1,000, whichever is the lesser amount; or
        (b) in the case of a person who commences to receive a pension after 4 November 1987:
            (i) in relation to the fortnight in which the person commences to receive the pension—the credit amount (if any) of the person for that fortnight; or
            (ii) in relation to each later fortnight—the amount of the earnings credit (if any) of the person for the preceding fortnight increased, if there is a credit amount in relation to the person for that later fortnight, by that credit amount or decreased, if subsection (3) applied to the person in that later fortnight, by the amount by which the person's earnings credit was reduced under that subsection in that later fortnight;
     or $1,000, whichever is the lesser amount;
     'pension' means a veteran's service pension or a wife's service pension.
"(2) For the purposes of the definition of 'earnings credit' in subsection (1):
    (a) where:
        (i) a person was, immediately before becoming entitled to receive a pension, receiving a payment under Part IV, V or VI of the Social Security Act 1947; and
        (ii) the person had an earnings credit under section 12a of that Act at that time;
    the earnings credit shall be treated as if it were an earnings credit under this section; and
    (b) where a person who has ceased to be eligible to receive a pension again becomes eligible to receive a pension, no account shall be taken of any earnings credit of the person before the person again became so eligible.
"(3) Where:
    (a) there is an earnings credit in relation to a person (not being a person to whom subsection 47 (10) or (11) applies);
    (b) the person becomes entitled to a payment for remunerative work undertaken by the person during a particular fortnight; and
    (c) in that fortnight, the annual rate of income of the person exceeds the annual permissible income of the person;
the person shall, for the purposes of this Part and section 83, be taken not to have received so much of the payment referred to in paragraph (b) as

does not exceed the earnings credit and the earnings credit shall be reduced accordingly.".
Commencement: 4 November 1987

Disposal of property or income
75. Section 52 of the Principal Act is amended by omitting from subsections (10) and (11) "(not being a course of conduct under which the person ceases employment or to engage in a business or profession or reduces the extent to which the person is