Document ID: chunk:federal_register_of_legislation:C2025C00162:section:23:p21
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 23 (pt 21/23)
Character Range: 361156–363931

ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and
 (f) but for the employment income, or the combined income, referred to in paragraph (e), the pension or benefit would continue to be payable to the person on and from the cessation day; and
 (g) the person continues to be qualified for the pension or benefit on and from the cessation day;
then, for the purposes only of the provisions of this Act that are specified in subsection (4AA), the person is taken to be receiving the pension or benefit until:
 (h) 24 weeks after the end of the instalment period in which the cessation day occurs; or
 (j) the day the pension or benefit would cease to be payable to the person for a reason other than the employment income, or the combined income, referred to in paragraph (e); or
 (k) the day the person ceases to be qualified as mentioned in paragraph (g);
whichever happens first.
Note: In relation to paragraph (g), see also subsection (4AB).
 (4AA) For the purposes of subsection (4A), the following are the specified provisions of this Act:
 (a) provisions in Chapter 2 that provide for an increase in a person's rate of payment by an amount to be known as the approved program of work supplement;
 (ac) Part 2.6B (2020 economic support payments);
 (ad) paragraph 313(2)(a);
 (ae) Part 2.13 (remote engagement program payment);
 (af) Part 2.6D (2022 cost of living payment);
 (b) section 1048;
 (c) section 1061PJ;
 (d) section 1061Q;
 (e) subsection 1061ZK(5);
 (f) 1070W;
 (g) 1070X;
 (h) provisions within the income test module of a rate calculator in Chapter 3 prescribing the partner income free area or the partner income excess for a person.
 (4AB) For the purposes only of applying subsection (4A) in relation to a person at a particular time, the following provisions do not apply in determining under paragraph (4A)(g) whether the person continues to be qualified for the pension or benefit:
 (a) subparagraph 540(2)(a)(iii);
 (b) subparagraph 540(2)(b)(iii);
 (c) subparagraph 593(1)(a)(i).
Note: Subparagraphs 540(2)(a)(iii) and (b)(iii) deal with qualification for youth allowance. Subparagraph 593(1)(a)(i) deals with qualification for jobseeker payment.
 (4B) For the purposes of this Act, a person is severely disabled if:
 (a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable:
 (i) to work for at least the next 2 years; and
 (ii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program or from the provision of supports or services specified in an instrument under subsection