Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p30
Version: federal_register_of_legislation:C2004A04954
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rate of the compensation affected payment is reduced by the fortnightly rate of periodic compensation.

"(3B) If:

   (a) the person is a member of a couple; and

   (b) the person's partner receives or claims a compensation affected payment or a youth training allowance;

the person's fortnightly rate of the compensation affected payment is reduced by half the fortnightly rate of the periodic compensation.".

39. Section 1168 (Rate reduction examples—Example 1):

Omit "item 1 in the Table", substitute "subsection 1168(3)".

40. Section 1168 (Rate reduction examples—Example 2):

Omit "item 4 in the Table", substitute "subsection 1168(3B)".

41. Paragraph 1169(a):

Omit "pension, benefit or allowance", substitute "compensation affected payment".

SCHEDULE 16—continued

42. Subsection 1170(1) (Note):

Omit "pension, benefit or allowance", substitute "compensation affected payment".

   Note: The heading to section 1170 is altered by omitting "pension, benefit or allowance payments" and substituting "payments of compensation affected payment".

43. Subsections 1170(2), (3) and (4):

Omit the subsections, substitute:

"(2) The amount specified in the notice is the recoverable amount and is worked out under subsections (3), (4) and (4A).

"(3) If the person is not a member of a couple, the recoverable amount is equal to the smaller of the following amounts:

(a) the sum of the periodic compensation payments;

    (b) the sum of the payments of the compensation affected payment made to the person for the periodic payments period.

"(4) If:

    (a) the person is a member of a couple; and

    (b) the person's partner does not receive a compensation affected payment or a youth training allowance for the periodic payments period;

the recoverable amount is equal to the smaller of the following amounts:

    (c) the sum of the periodic compensation payments;

    (d) the sum of the payments of the compensation affected payment made to the person for the periodic payments period.

"(4A) If:

    (a) the person is a member of a couple; and

    (b) the person's partner receives a compensation affected payment or a youth training allowance for the periodic payments period;

the recoverable amount is equal to the smaller of the following amounts:

    (c) the sum of the periodic compensation payments;

    (d) the sum of:

        (i) the payments of the compensation affected payment made to the person for the periodic payments period; and

        (ii) the payments of the compensation affected payment and (if applicable) the payments of youth training allowance made to the person's partner for the periodic payments period.".

44. Section 1170 (Periodic payments recoverable amount examples— Example 1):

Omit "item 1 in the Table", substitute "subsection 1170(3)".

SCHEDULE 16—continued

45. Section 1170 (Periodic payments recoverable amount examples— Example 2):

Omit "item 3 in the Table", substitute "subsection 1170(4A)".

46. Section 1171:

Repeal the section, substitute:

Periodic compensation not counted