Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p60
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 153949–156703

the advance will be repaid sooner.

Application:

If $55 is deducted from Anne's fortnightly rate of pension, $440 will have been repaid after 8 successive fortnights, leaving $10 unpaid. Under this section, the final advance payment deduction will be $10.

"(2) This section has effect subject to section 67J.

Conditional payment rate insufficient to cover advance payment deduction

"67J.(1) If the conditional payment rate (if any) referred to in the relevant Rate Calculator is less than the amount that would be the advance payment deduction apart from this subsection, the advance payment deduction is taken to be equal to the conditional payment rate.

"(2) Subsection (1) applies to the Service Pension Rate Calculator for 'Frozen Rate' Widows and Widowers as if references in that subsection to the conditional payment rate were references to the amount that would be the provisional rate if that rate did not include an amount by way of remote area allowance.

    Note: The expression conditional payment rate does not appear in the Method statements in points 43-A1, 45X-B2 and 45Y-B2. This is because those Method statements apply only to blind people and the relevant payment rate for a blind person will never be less than the advance payment deduction.

Rounding of amounts

"67K. Amounts worked out under this Division must be rounded to the nearest 10 cents (rounding 5 cents upwards).

SCHEDULE 7—continued

Unrepaid advance payments to deceased partner to be disregarded

"67L.(1) In calculating, for the purposes of this Act, an amount of pension that would have been paid to a deceased person if the person had not died, any advance payment of pension that has been made to the person and has not been repaid is to be disregarded.

"(2) Subsection (1) does not affect the liability of the estate of the deceased person to repay to the Commonwealth so much of the advance payment as has not been repaid.".

27. Subsection 205(1):

Add at the end:

"; or (g) a person has received an advance payment of service pension or of income support supplement.".

28. Before subsection 205(1A):

  Insert:

  "(1AB) If:

    (a) a person has received an advance payment of a service pension or of an income support supplement; and

    (b) the service pension or income support supplement ceases to be payable to the person; and

    (c) at the time when the service pension or income support supplement ceases to be payable the person has not repaid the whole of the advance payment;

the amount that has not been repaid is a debt due to the Commonwealth.".

29. Paragraph 205(2)(b):

After "or (f)" insert "or subsection (1AB)".

30. Subsection 205(8) (definition of excluded amount):

Insert after "or (f)" in paragraph (c) "or subsection