Document ID: chunk:federal_register_of_legislation:C2004A05281:clause:1_60
Version: federal_register_of_legislation:C2004A05281
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 17640–18945

60  Subsection 110SE(2)
Repeal the subsection, substitute:
 (2) The top-up benefit is:
 (a) if paragraph (b) does not apply—a lump sum benefit equal to the amount referred to in subsection (1); or
 (b) if:
 (i) the person's surcharge debt account is in debit when the top-up benefit becomes payable; and
 (ii) the top-up benefit is to be paid to the person or to a preservation fund for the benefit of the person;
  a lump sum benefit equal to the difference between the amount referred to in subsection (1) (basic amount); and
 (iii) if subparagraphs (iv) and (v) do not apply—the person's surcharge deduction amount; or
 (iv) if part of the person's surcharge deduction amount has, under another provision of this Act, been deducted from a benefit payable to the person—the balance of the surcharge deduction amount; or
 (v) if the person's surcharge deduction amount, or the balance of the surcharge deduction amount referred to in subparagraph (iv), is greater than the basic amount—so much of the surcharge deduction amount, or of the balance of the surcharge deduction amount, as is equal to the basic amount.
 (2A) Paragraph (2)(b) does not apply if the whole of the person's surcharge deduction amount has, under another provision of this Act, been deducted from a benefit payable to the person.