Document ID: chunk:federal_register_of_legislation:C2025C00162:section:23:p20
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 23 (pt 20/23)
Character Range: 358952–361400

previously in force.
 (1A) Where:
 (a) a provision of this Act refers to:
 (i) the greater or greatest, or the higher or highest; or
 (ii) the lesser or least, or the lower or lowest;
  of 2 or more amounts; and
 (b) the amounts are equal;
the provision is taken to refer to one only of the amounts.
 (1B) Where:
 (a) a provision of this Act refers to the greatest or highest of 3 or more amounts; and
 (b) 2 or more (but not all) of the amounts are equal and exceed the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
 (1C) Where:
 (a) a provision of this Act refers to the least or lowest of 3 or more amounts; and
 (b) 2 or more (but not all) of the amounts are equal and are less than the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
 (2) For the purposes of this Act (other than section 735), a person is taken to be receiving a payment under this Act from the earliest day on which the payment is payable to the person even if the first instalment of the payment is not paid until a later day.
 (4) For the purposes of this Act, a person is taken to be receiving a social security payment until the latest day on which the payment is payable to the person even if the last instalment of the payment is not paid until a later day.
 (4A) Despite subsection (4), if:
 (a) a person is receiving a social security pension or social security benefit; and
 (b) the person's rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and
 (d) the person or the person's partner has employment income; and
 (e) the person would, but for this subsection, cease to be receiving the pension or benefit on and from a day (the cessation day):
 (i) if paragraph (d) applies to the person—because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or
 (ii) if paragraph (d) applies to the partner—because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and
 (f) but for the employment income, or the combined income, referred to in paragraph (e), the pension or benefit would continue