Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 3/8)
Character Range: 1667278–1669968

as a result the person is entitled to a lump sum payment from the person's former employer;
the person is taken to have received the lump sum payment on the day on which the person's employment was terminated.

Certain leave payments taken to be ordinary income—employment continuing
 1064‑F4 If:
 (a) a person is employed; and
 (b) the person is on leave for a period; and
 (c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;
the person is taken to have received ordinary income for a period (the income maintenance period) equal to the leave period to which the leave payment entitlement relates.

Certain payments taken to be ordinary income—employment terminated
 1064‑F5 If:
 (a) a person's employment has been terminated; and
 (b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);
the person is taken to have received ordinary income for a period (the income maintenance period) equal to the period to which the payment relates.

More than one termination payment on a day
 1064‑F6 If:
 (a) a person is covered by point 1064‑F5; and
 (b) the person receives more than one termination payment on a day;
the income maintenance period is worked out by adding the periods to which the payments relate.

Start of income maintenance period—employment continuing
 1064‑F7 If a person is covered by point 1064‑F4, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.

Start of income maintenance period—employment terminated
 1064‑F8 If a person is covered by point 1064‑F5, the income maintenance period starts, subject to point 1064‑F9, on the day on which the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment
 1064‑F9 If:
 (a) a person who is covered by point 1064‑F5 is subject to an income maintenance period (the first period); and
 (b) the person is paid another termination payment during that period (the second termination payment);
the income maintenance period for the second termination payment starts on the day after the end of the first period.

Leave payments or termination payments in respect of periods longer than a fortnight
 1064‑F10 If:
 (a) a person receives a leave payment or termination payment; and
 (b) the payment is in respect of a period longer than a fortnight;
the person is taken to receive in a payment fortnight or part of a payment fortnight an amount