Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_758
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 758
Character Range: 70543–72134

758  Rate of special benefit where administrative breach rate reduction applies

 (1) If:
 (a) an administrative breach rate reduction period applies to a person under this Part; and
 (b) the person qualifies for special benefit; and
 (c) special benefit is payable to the person;
the person's rate of special benefit for the administrative breach rate reduction period is worked out as follows:

       Special benefit rate calculator for administrative breach rate reduction period
       This is how to work out a person's rate of special benefit for an administrative breach rate reduction period that applies to the person.
       Method statement
            Step 1. Work out the person's maximum payment rate, being:

                 (a) if the person has not turned 21—the amount that would be the person's maximum basic rate if the Youth Allowance Rate Calculator applied to the person; and
                 (b) if the person has turned 21—the amount that would be the person's maximum basic rate calculated under Table B of Module B of Benefit Rate Calculator B.

            Step 2. Work out the rate reduction amount in accordance with subsection (2).
            Step 3. Take the rate reduction amount away from the rate of special benefit determined by the Secretary under section 746:
             the result (which may be a nil rate) is called the administrative breach reduced rate.
 (2) A person's rate reduction amount is worked out as follows:

Subdivision E—Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders