Document ID: chunk:federal_register_of_legislation:F2024C01295:reg:4:p19
Version: federal_register_of_legislation:F2024C01295
Segment Type: reg
Provision Reference: reg 4 (pt 19/35)
Character Range: 52809–55559

may still be eligible for a top‑up payment.

Division 2—Energy supplement and quarterly Energy supplement

Energy supplement
 3A.11.1 This paragraph applies to a person for a day if:
 (a) the person receives for the day a clean energy underlying payment; and
 (b) the person's rate of the payment is greater than nil; and
 (c) the person is residing in Australia on the day; and
 (d) on the day the person either:
 (i) is in Australia; or
 (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
Note: paragraph 3A.15.2 (election to take quarterly energy supplement) may affect whether a person meets the conditions in paragraphs (a) and (b) of paragraph 3A.11.1.

Energy supplement payable
 3A.12.1 Subject to paragraph 3A.14.1 (multiple entitlement exclusion), if paragraph 3A.11.1 applies to a person, the Commonwealth is liable to pay the person for the day energy supplement for the person's clean energy underlying payment.
Note 1: The supplement is a payment separate from the clean energy underlying payment.
Note 2: paragraph 3A.14.1 (multiple entitlement exclusion) may affect the person's entitlement to the energy supplement.

Rate of energy supplement
 3A.13.1 The rate of energy supplement for a clean energy underlying payment is the rate worked out by:
 (a) working out 1.7% of the clean energy underlying payment on 1 January 2014; and
 (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
 3A.13.2 An energy supplement is to be added to the rate of clean energy underlying payment of a person mentioned in paragraph 3A.11.1.
 3A.13.3 Paragraph 3A.13.2 does not apply if quarterly energy supplement is payable to a person to whom paragraph 3A.12.1 applies.

Multiple entitlement exclusion ‑ Energy Supplement
 3A.14.1 Despite any provision of the VCES, a person is not eligible to have an energy supplement for an education allowance used to calculate the person's rate of education allowance on a day if the person is also in receipt of a payment:
 (a) under the VEA – being a war widow(er) pension; or
 (b) under the MRCA – being a MRCA wholly dependent partner payment;
where the pension or payment under the VEA or MRCA respectively, includes a component of energy supplement covering the same instalment period for the person's education allowance.

Quarterly payment of energy supplement
 3A.15.1 A quarterly energy supplement is payable to a person for each day for which an election by the person under paragraph 3A.15.2 is in force in relation to a clean energy underlying payment the person is receiving.
Note: paragraph 3A.14.1 (multiple entitlement