Document ID: chunk:federal_register_of_legislation:C2009A00060:clause:10_146:p1
Version: federal_register_of_legislation:C2009A00060
Segment Type: clause
Provision Reference: sch 10 cl 146 (pt 1/2)
Character Range: 132117–134760

146  Transitional provision for rates of certain social security pensions on and after 20 September 2009

Application
 (1) This clause applies if:
 (a) on 19 September 2009 a person was receiving one of the following social security pensions:
 (i) age pension;
 (ii) disability support pension;
 (iii) wife pension;
 (iv) carer payment;
 (v) bereavement allowance;
 (vi) widow B pension;
 (vii) special needs pension; and
 (b) the person continues (without a break) to receive one of those social security pensions (whether or not of the same sort as the one the person received on that day).

Purpose
 (2) This clause has effect for the purposes of working out the rate of one of those social security pensions for the person for a day (the relevant day) after 19 September 2009 under point 1064‑A1, 1065‑A1 or 1066‑A1, or under section 796 so far as one or more of those points are relevant because of that section.

Provisional annual payment rate
 (3) The person's provisional annual payment rate is taken to be the amount worked out under subclause (4) if the total of:
 (a) 1/364 of that amount; and
 (b) the amount (if any) of DFISA that would be payable to the person on the relevant day assuming that:
 (i) the person's provisional annual payment rate were the amount worked out under subclause (4); and
 (ii) the amendments made by Schedules 6 and 7 to the Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 had not been made;
is greater than the total of:
 (c) 1/364 of the person's provisional annual payment rate apart from this clause; and
 (d) the amount (if any) of DFISA that would be payable to the person on the relevant day apart from this clause.
Note: The provisional annual payment rate is an amount worked out under the method statement in whichever of points 1064‑A1 and 1066‑A1 is relevant. Point 1064‑A1 may be relevant of its own force or because of point 1065‑A1 or section 796.
 (4) The amount is the one that would be the provisional annual payment rate under the relevant point if:
 (a) the maximum payment rate for the person were the total of:
 (i) the amount worked out under whichever of subclauses 147(1), (2), (3) and (4) is relevant to the person; and
 (ii) the amount (if any) per year calculated for the person under paragraph 1070A(b) (for rent assistance);
  reduced, if subclause 147(1) or (2) is relevant to the person and an election by the person under subsection 1061VA(1) is in force, by the minimum pension supplement amount; and
 (b) the amendments made by Schedules 6 and 7 to the Social Security and Other Legislation Amendment (Pension