Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_39:p2
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 39 (pt 2/4)
Character Range: 440107–442756

or partner as the widow or widower of a deceased member of the Forces or as the widow or widower of a deceased member of a Peacekeeping Force; and
 (c) neither the individual nor the individual's partner was receiving, immediately before 1 July 2000, or has received at any time on or after that day:
 (i) a social security pension; or
 (ii) a social security benefit; or
 (iii) a service pension; or
 (iv) income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; and
 (d) at all times on and after 1 July 2000:
 (i) the individual or the individual's partner has been eligible for family tax benefit or would have been so eligible if the individual or partner had not been receiving a pension referred to in paragraph (b); and
 (ii) the individual's or partner's Part A rate of family tax benefit has been, or would have been, greater than nil; and
 (e) the individual's adjusted taxable income for the purposes of this Act (other than Part 4 of this Schedule) for an income year that commenced on or after 1 July 2000 until 1 July 2007 (inclusive) has exceeded the individual's income free area under clause 19 of this Schedule; and
 (ea) the individual's adjusted taxable income for the purposes of this Act (other than Part 4 of this Schedule) for the income year that commenced on 1 July 2008 and every succeeding income year has exceeded the individual's income free area under clause 38N of this Schedule; and
 (f) the individual's Part A rate worked out according to Part 2, 3 or 3A of this Schedule is not, and never has been, equal to, or greater than, the individual's 30 June 2000 rate.
 (3) Subparagraph (2)(a)(iii) cannot be satisfied in relation to an individual unless the individual or the individual's partner had, immediately before 1 July 2000, at least one dependant.
 (4) In spite of any other provision of this Schedule, the Part A rate of an individual to whom this clause applies is the individual's saved Part A rate.
 (5) An individual's saved Part A rate is the lower of:
 (a) the individual's 30 June 2000 rate; and
 (b) the individual's special Part A rate.
 (6) The 30 June 2000 rate for an individual is worked out using the following method statement.

      Method statement
           Step 1. If the individual or the individual's partner was receiving family allowance, but not family tax payment, immediately before 1 July 2000, the fortnightly rate of that family allowance is the individual's fortnightly rate.
           Step 2. If the individual or the individual's partner was receiving family tax payment, but not family allowance, immediately before 1 July 2000, the individual's