Document ID: chunk:federal_register_of_legislation:C2024C00866:section:121:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 121 (pt 1/2)
Character Range: 1585394–1587960

121  Instalments of pension

Payment in arrears in relation to pension periods
 (1) Pension is payable:
 (a) in arrears; and
 (b) by instalments relating to each pension period.

Total instalment relating to a pension period
 (2) Subject to subsections (3) and (4), the amount payable to a person as an instalment of pension in relation to a pension period is the total amount of pension payable to the person for the days in that period on which pension was payable to the person.

Circumstances in which no instalment is payable in relation to a pension period
 (3) If a person who is receiving a pension is ineligible for payment in respect of the last day of a pension period, no amount is payable to the person as an instalment of pension in relation to the pension period.
 (4) Subject to subsection (4A), if a person who is receiving a pension dies, no amount is payable to the person as an instalment of pension in relation to the pension period in which the person died.

Exception—prisoner of war recognition supplement
 (4A) If a person who is receiving a prisoner of war recognition supplement under Part VIB dies, an amount is payable to the person's estate as an instalment of that supplement in relation to the pension period in which the person died.

Pensions generally payable fortnightly
 (5) Unless subsection (5A) applies to the person, an instalment of pension is payable to a person on the next payday after the end of the pension period to which the instalment relates.

Pensions may be payable weekly
 (5A) The Commission may determine, in writing, that the total amount of an instalment of pension payable to a person in relation to a pension period is payable to the person in 2 payments (the part payments) if the person is a member of a class specified under subsection (5C).
 (5B) A determination made under subsection (5A) is not a legislative instrument.
 (5C) The Commission may, by legislative instrument, specify a class of persons for the purposes of subsection (5A).
 (5D) The first of the part payments:
 (a) is not to exceed the total of the amount of pension (calculated in accordance with this section) payable to the person for days that:
 (i) are days on which the pension was payable to the person; and
 (ii) are included in the first 7 days of the pension period; and
 (c) is payable at a time determined by the Commission that is after the first 7 days of the pension period.
 (5E) The other of the part payments:
 (a) is the excess of the amount that is payable to the person as the instalment of pension in relation to