Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:3_61a
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 3 cl 61A
Character Range: 130647–132879

61A  Persons receiving clean energy underlying payments

Eligibility for days before 1 July 2012

 (1) The Commission may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is eligible for a clean energy advance for a clean energy underlying payment if, on that day:
 (a) the person receives the payment; and
 (b) the person's rate of the payment is greater than nil; and
 (ba) the person is residing in Australia; and
 (c) the person is in Australia.

Note: For clean energy underlying payment see subsection 5Q(1).

Eligibility for days in period 1 July 2012‑19 March 2013

 (2) The Commission may determine that a person is eligible for a clean energy advance for a clean energy underlying payment if, on a day in the period starting on 1 July 2012 and ending on 19 March 2013:
 (a) the person receives the payment; and
 (b) the person's rate of the payment is greater than nil; and
 (ba) the person is residing in Australia; and
 (c) the person is in Australia.

Note: For clean energy underlying payment see subsection 5Q(1).

 (3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:
 (a) satisfies paragraphs (2)(a), (b) and (ba); and
 (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

Disregard nil rate in certain circumstances

 (4) For the purposes of subsections (1) and (2), a person is taken to receive a clean energy underlying payment at a rate greater than nil even if the person's rate would be nil, or pension would not be payable, merely because:
 (a) the rate is reduced, or pension is not payable, under Division 4, 5 or 5A of Part II or section 74; or
 (b) an election by the person under subsection 60A(1) (Quarterly pension supplement) is in force.

Only one determination for a particular person and clean energy underlying payment

 (5) The Commission must not make a determination under subsection (2) relating to a person and a clean energy underlying payment if the Commission has made a determination under subsection (1) or (2) relating to the same person and clean energy underlying payment.