Document ID: chunk:federal_register_of_legislation:F2023C00916:reg:4:p16
Version: federal_register_of_legislation:F2023C00916
Segment Type: reg
Provision Reference: reg 4 (pt 16/33)
Character Range: 45507–48250

Act 1991, war widow(er) pension or service pension under the VEA or a MRCA wholly dependent partner payment, in relation to the change day, the person will not be eligible for a top‑up payment.

Method of working out the top‑up payment for a person
 3A.5.4 If the person has not previously been eligible for a top‑up payment in relation to that clean energy advance period, the amount of top‑up payment is to be calculated in accordance with the Method Statement 1 at the end of paragraph 3A.5.5.
Top‑up payment for first change of circumstances
 3A.5.5 For the purposes of paragraph 3A.5.4 the top‑up payment is to be worked out as follows:

Top‑up payment for subsequent change of circumstances
        3A.5.6 If a person has previously been paid a top‑up payment calculated in accordance with paragraph 3A.5.4 and the person has a further change in circumstances any additional top‑up payment is to be calculated  in accordance with paragraph 3A.5.7.

        3A.5.7 For the purposes of paragraph 3A.5.6, the method for calculating any further top‑up payment is as follows:

Payment of clean energy advance
 3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid.
 3A.6.2 However, the clean energy advance is not payable if the Commission is aware that the person has died.

Debts relating to clean energy advances
 3A.7.1 This paragraph applies if:
 (a) a person has been paid a clean energy advance for a clean energy underlying payment; and
 (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:
 (i) the determination is changed, revoked or set aside;
 (ii) the determination is superseded by another determination; and
 (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
 (d) had the event happened on or before the day the advance was paid:
 (i) the advance would not have been paid; or
 (ii) the advance would have been reduced.
Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:
(a) a determination relating to the person's eligibility for the clean energy underlying payment to which the advance related; and
(b) the determination of the person's eligibility for the clean energy advance.
Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in