Document ID: chunk:federal_register_of_legislation:C2004A01113:clause:1_1
Version: federal_register_of_legislation:C2004A01113
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 1596–3285

1  Subclauses 10(2) and (3) of Schedule 5
Repeal the subclauses, substitute:

 (2) The rate of service pension or income support supplement payable to the person from time to time includes the person's notional pension/supplement child‑related amount at that time until, in accordance with subclause (2A), it is no longer to be so included.

 (2A) For the purposes of subclause (2), the rate of service pension or income support supplement payable to the person is no longer to include the person's notional pension/supplement child‑related amount:
 (a) in respect of any payment made at any time before 1 July 2000—if the person's notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or the person's partner at that time; and
 (b) in respect of any payment made at any time on or after 1 July 2000—if the person has elected, by written notice given to the Secretary, no longer to be covered by this clause.

 (3) If:
 (a) at any time before 1 July 2000, the person's notional pension/supplement child‑related amount ceases to be greater than the notional family allowance child‑related amount in relation to the person or person's partner; and
 (b) because of this fact, the rate of service pension or income support supplement payable to a person is no longer to include the first‑mentioned amount;
the rate of that pension or supplement is never thereafter to include the person's notional pension/supplement child‑related amount even though that amount may again become greater than the notional family allowance child‑related amount in relation to the person or the person's partner.