Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_30:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 30 (pt 1/4)
Character Range: 2044903–2047590

30  Transitional rates of service pension and income support supplement on and after 20 September 2009

Application
 (1) This clause applies if:
 (a) on 19 September 2009 a person was receiving one of the following payments:
 (i) service pension or income support supplement;
 (ii) age pension, disability support pension, carer payment, bereavement allowance or special needs pension under the Social Security Act; and
 (b) either:
 (i) the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or
 (ii) subclause (1A) applies to the person.
 (1A) This subclause applies to a person if:
 (a) a payment by the Thalidomide Australia Fixed Trust:
 (i) is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or
 (ii) is made to, or applied for the benefit of, the person's partner as a beneficiary of the Trust; or
 (iii) is made to the person or the person's partner in respect of a beneficiary of the Trust; and
 (b) subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and
 (c) any of the payments mentioned in paragraph (1)(a) is payable to the person at the commencement of item 7 of Schedule 4 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011; and
 (d) after that commencement, that payment, or any of the other payments referred to in paragraph (1)(a), continues (without a break) to be payable to the person.

Purpose
 (2) This clause has effect for the purposes of working out the rate of service pension or income support supplement under this Act for the person for a day (the relevant day) after 19 September 2009 under subpoint SCH6‑A1(2), (3), (4) or (6).
Note: This clause does not make a person entitled to receive service pension or income support supplement if the person is not otherwise entitled to receive it.

Provisional payment rate for service pension
 (3) For working out the person's rate of service pension, the person's provisional payment rate is taken to be the amount worked out under subclause (4) if that amount is greater than the person's provisional payment rate (for that purpose) apart from this clause.
Note: The provisional payment rate is an amount worked out under the method statement in subpoint SCH6‑A1(2). That subpoint may be relevant of its own force or because of subpoint SCH6‑A1(3) or (4).
 (4) The amount is the one that would be the provisional payment rate under subpoint SCH6‑A1(2) if:
 (a) the maximum payment rate under that subpoint for the person were the total of:
 (i) the