Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:3_1061zaat
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 3 cl 1061ZAAT
Character Range: 153372–155115

1061ZAAT  Pre‑transition fortnightly income

 (1) For the purposes of subparagraph 1061ZAAS(2)(a)(i), a person's pre‑transition fortnightly income is the sum of:
 (a) the person's average fortnightly income from CDEP Scheme payments during the period determined for the person by the Secretary under subsection (2); and
 (b) if the person was receiving a social security benefit on 23 July 2007—the person's provisional fortnightly payment rate for the benefit; and
 (c) if the person was receiving a social security pension on 23 July 2007—the person's provisional annual payment rate for the pension, expressed as a fortnightly rate; and
 (d) if the person received remote area allowance in respect of a fortnight that included 23 July 2007—the person's remote area allowance for the fortnight; and
 (e) if the person received CDEP Scheme Participant Supplement under Division 3 of Part 3.15A in respect of a period that included 23 July 2007—$20.80.

 (2) The Secretary must determine a period for a person for the purposes of paragraph (1)(a). The period must not be more than 13 weeks and must end on 23 July 2007.

 (3) Despite subsection (1), if the Secretary considers that a person's pre‑transition fortnightly income as worked out under that subsection would not be appropriate in the person's circumstances, the person's pre‑transition fortnightly income is the amount determined by the Secretary (having regard to the person's income as at 23 July 2007 from CDEP Scheme payments and any social security benefit or social security pension).

 (4) In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section 1061ZAAW.