Document ID: chunk:federal_register_of_legislation:C2008A00149:clause:1_3aa
Version: federal_register_of_legislation:C2008A00149
Segment Type: clause
Provision Reference: sch 1 cl 3AA
Character Range: 1820–3682

3AA  Meaning of receiving affected by suspension of certain schooling requirement payments

Scope

 (1) This section applies for the purpose of construing references to a person receiving payments (affected schooling requirement payments) covered by subsection (2), if the references are in the following provisions:
 (a) section 50S of the Family Assistance Administration Act;
 (b) clauses 1 and 38L of Schedule 1 to this Act;
 (c) clause 7 of Schedule 2 to this Act.

 (2) The affected schooling requirement payments are the following:
 (a) a social security pension;
 (b) a social security benefit;
 (c) a service pension;
 (d) income support supplement.

Note: These payments are schooling requirement payments within the meaning of the Social Security (Administration) Act 1999 (see section 124D of that Act).

General rule—person taken to receive payment during suspension

 (3) In this Act, subject to subsections (4) and (5):

receiving is taken to include a reference to a person being prevented from receiving an affected schooling requirement payment because the payment is suspended under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999.

Note: See also the definition of receiving in subsection 3(1), and subsections 3(8) and (9).

Exception—more than 13 weeks continuous suspension

 (4) Subsection (3) does not apply in relation to the suspension of an affected schooling requirement payment if the payment has been suspended for a continuous period of more than 13 weeks.

 (5) However, if the period of suspension referred to in subsection (4) started in the income year preceding the income year in which the 13 weeks referred to in that subsection elapsed, that subsection does not apply in relation to the suspension until the start of the later income year.

Social Security (Administration) Act 1999