Document ID: chunk:federal_register_of_legislation:C2025C00162:section:6:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 6 (pt 4/10)
Character Range: 1877356–1880079

person (first person) is taken to receive a leave payment or termination payment if:
 (a) the payment is made to another person:
 (i) at the direction of the first person or a court; or
 (ii) on behalf of the first person; or
 (iii) for the benefit of the first person; or
 (b) the first person waives or assigns his or her right to receive the payment.

Single payment in respect of different kinds of termination payments
 1067L‑D14 If a person who is covered by point 1067L‑D6 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1067L‑D5 to 1067L‑D13 (inclusive):
 (a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and
 (b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.

Definitions
 1067L‑D15 In points 1067L‑D5 to 1067L‑D14 (inclusive):
payment fortnight means a fortnight in respect of which an austudy payment is paid, or would be paid apart from the application of an income maintenance period, to a person.
period to which the payment relates means:
 (a) if the payment is a leave payment—the leave period to which the payment relates; or
 (b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated—the period for which the person would have received that amount of ordinary income; or
 (c) if the payment is a termination payment and paragraph (b) does not apply—the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:
 (i) the person's employment had continued; and
 (ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.
redundancy payment includes a payment in lieu of notice.
termination payment includes:
 (a) a redundancy payment; and
 (b) a leave payment relating to a person's employment that has been terminated; and
 (c) any other payment that is connected with the termination of a person's employment.

Meaning of leave payment
1067L‑D16 In points 1067L‑D5 to 1067L‑D15 (inclusive):
leave payment includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.

Board and lodging
 1067L‑D18 A