Document ID: chunk:federal_register_of_legislation:C2010A00135:clause:1_8:p1
Version: federal_register_of_legislation:C2010A00135
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/2)
Character Range: 12666–15168

8  After subsection 121(5)
Insert:

Pensions may be payable weekly
 (5A) The Commission may determine, in writing, that the total amount of an instalment of pension payable to a person in relation to a pension period is payable to the person in 2 payments (the part payments) if the person is a member of a class specified under subsection (5C).
 (5B) A determination made under subsection (5A) is not a legislative instrument.
 (5C) The Commission may, by legislative instrument, specify a class of persons for the purposes of subsection (5A).
 (5D) The first of the part payments:
 (a) for a pension that is not DFISA—is not to exceed the total of the amount of pension (calculated in accordance with this section) payable to the person for days that:
 (i) are days on which the pension was payable to the person; and
 (ii) are included in the first 7 days of the pension period; and
 (b) for a pension that is DFISA—is not to exceed the total of the amount of pension (calculated in accordance with subsection (2)) payable to the person for days that:
 (i) are days on which the pension was payable to the person; and
 (ii) are included in the first 7 days of the pension period; and
 (c) is payable at a time determined by the Commission that is after the first 7 days of the pension period.
 (5E) The other of the part payments:
 (a) is the excess of the amount that is payable to the person as the instalment of pension in relation to the pension period over the first of the part payments; and
 (b) is payable at a time determined by the Commission that is after the end of the pension period.
 (5F) If the total amount of pension payable to a person in relation to a pension period is payable to the person in part payments, then it is taken for the purposes of this Act that:
 (a) a single instalment of the pension is payable in relation to the period; and
 (b) that instalment is payable when the last of the part payments is, or is to be, made; and
 (c) that instalment is equal to the total of the part payments.
Note: The total of the part payments equals the amount worked out under subsection (2) as the amount payable to the person as the instalment of the pension in relation to the pension period.
 (5G) However, sections 122B, 122D and 122E (about deductions from instalments) applies as if each of the part payments were a separate instalment.
Note 1: The following heading to subsection 121(6) is inserted "Calculation of rate of pension payable".
Note 2: The following heading to