Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p13
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 29203–31995

social security pension; and

         (ii) the person was eligible to receive payments under a relevant Aboriginal Tertiary Education Scheme; and

         (iii) payments were being made to, or in respect of, the person under the Aboriginal Study Assistance Scheme; and

    (b) the person continues to be eligible to receive payments under the Aboriginal Study Assistance Scheme on or after 1 January 1988;

the rate of the person's pension is not, during the continuation period, to exceed the rate at which it was payable immediately before the commencement of section 1 of the Social Security Amendment Act 1988.

  (6) For the purposes of subsection (5):

  (a) the relevant Aboriginal Tertiary Education Schemes are:

         (i) in relation to a time before 1 January 1989—the Aboriginal Study Assistance Scheme; or

         (ii) in relation to a time on or after 1 January 1989—the ABSTUDY Tertiary Scheme; and

    (b) the continuation period is the period that starts on 1 January 1988 and ends on the day on which the person ceases to be eligible to receive payments under the Aboriginal Study Assistance Scheme.

Maintenance income test (changes introduced on 17 June 1988)

  26.(1) If:

  (a) in the fortnight that ended on 16 June 1988:

         (i) a person was receiving a social security pension, social security benefit or service pension; and

      (ii) the person had maintenance income; and

    (b)     at all times since 17 June 1988, the person has been receiving a social security pension, social security benefit or service pension; and

    (c)     subsection 21 (4) of the Social Security and Veterans' Entitlements (Maintenance Income Test) Amendment Act 1988 has not ceased to apply to the person; and

    (d)     in a fortnight the person's total income would otherwise be less than it was in the fortnight that ended on 16 June 1988;

SCHEDULE 1—continued

the person's social security pension or benefit amount in that fortnight is to be such that the person's total income for the fortnight is equal to the person's total income for the fortnight that ended on 16 June 1988.

  (2) Subclause (1):

   (a)     has effect in spite of anything else in this Act; and

   (b)     has effect subject to subclause (3); and

   (c)     does not apply if:

         (i) the person was required by or under the 1947 Act or the Veterans' Entitlements Act to notify the Department of the maintenance income that the person had in the fortnight that ended on 16 June 1988; and

         (ii) the person failed to notify the Department of the maintenance income as required by or under that Act.

(3)     If subclause (1) ceases to apply to the person, this clause will not apply to the person at any time after that cessation.

(4)     The person's social security