Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:16_7:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 16 cl 7 (pt 2/4)
Character Range: 304987–307669

by point 1066A‑G4, 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

 1066A‑G8 If a person is covered by point 1066A‑G5, the income maintenance period starts, subject to point 1066A‑G9, on the day on which the person is paid the termination payment.

Commencement of income maintenance period where there is a second termination payment

 1066A‑G9 If:
 (a) a person who is covered by point 1066A‑G5 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

 1066A‑G10 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 calculated by:
 (c) dividing the amount received by the number of days in the period to which the payment relates (the daily rate); and
 (d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.

 1066A‑G11 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Note 3: If an income maintenance period applies to a person, then, during that period:

(a) the pension claimed may not be payable to the person; or

(b) the amount of the pension payable to the person may be reduced.

When a person receives a leave payment or a termination payment

 1066A‑G12 For the purposes of points 1066A‑G3 to 1066A‑G11 (inclusive), a person (the first person) is taken to receive a leave payment or termination payment if:
 (a) the payment is made to another person:
 (i) at the direction of the first person or a court; or
 (ii) on behalf of the first person; or
 (iii) for the benefit of the first person; or
 (b) the first person waives or assigns his or her right to receive the payment.

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