Austudy Payment Rate Calculator
(1) The rate of austudy payment of a person referred to in section 581 is to be calculated in accordance with the Rate Calculator in this section.
Limit on rate of payment
(a) a person is living with another person as the spouse of the other person on a genuine domestic basis although not legally married to the other person (whether the persons are the same sex or different sexes); and
(b) the other person is under the age of consent that applies in the State or Territory in which they are living;
the rate of the person's austudy payment is not to be more than the rate at which the austudy payment would be payable to the person if the other person were the person's partner.
1067L - A1 The rate of payment is a daily rate. That rate is worked out by dividing the fortnightly rate calculated according to this Rate Calculator by 14.
Method statement
Step 1. Work out the person's maximum basic rate using Module B below.
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
Step 1B. Work out the energy supplement (if any) using Module BB below.
Step 2. Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.
Step 2A. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).
Step 3. Add up the amounts obtained in Steps 1, 1A, 1B, 2 and 2A: the result is the maximum payment rate .
Step 4. Apply the income test using Module D below to work out the person's income reduction.
Step 5. Take away the person's income reduction from the maximum payment rate: the result is the provisional fortnightly payment rate .
Note: If a person's rate is reduced under this step, the order in which the reduction is to be made is laid down by section 1210.
Step 6. The rate of payment is the amount obtained by:
(a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module F).
1067L - B1 A person's maximum basic rate is to be worked out as follows:
(a) if the person is not a long term income support student (see section 1067K)--use Table BA;
(b) if the person is a long term income support student--use point 1067L - B3.
Person who is not a long term income support student
1067L - B2(1) If the person is not a long term income support student (see section 1067K), work out:
(a) whether the person is a member of a couple (see section 4); and
(b) whether the person has a dependent child (see subsections 5(2) to (9)); and
(c) if the person is not a member of a couple, whether the person has a YA child (see subpoint (2)).
The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.
Table BA--Maximum basic rates (persons who are not long term income support students) | |||
Column 1 Item | Column 2 Person's situation | Column 3 Rate | |
1 | Does not have a dependent child or a YA child | $602.80 | |
2 | Is a member of a couple and has a dependent child | $652.60 | |
3 | Is not a member of a couple and has a dependent child or YA child | $760.40 | |
Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191- 1194).
"YA child" , in relation to a person who is not a member of a couple, means a child who is receiving youth allowance, is under 18 years of age and would be a dependent child of the person if he or she were not receiving the allowance.
Person who is a long term income support student
1067L - B3 If the person is a long term income support student (see section 1067K), work out whether the person is a member of a couple (see section 4).
The person's maximum basic rate is the amount in column 3 of the table that corresponds to the person's situation as described in column 2 of the table.
Table BB--Maximum basic rates (persons who are long term income support students) | ||
Column 1 Item | Column 2 Person's situation | Column 3 Rate |
1 | Is a member of a couple | $652.60 |
2 | Is not a member of a couple | $711.90 |
1067L - BA1 A pension supplement amount is to be added to the person's maximum basic rate if the person is residing in Australia, has reached pension age and:
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
1067L - BA2 The person's pension supplement amount is:
(a) if an election by the person under subsection 1061VA(1) is in force--the amount worked out under point 1067L - BA4; and
(b) otherwise--the amount worked out under point 1067L - BA3.
Amount if no election in force
1067L - BA3 The person's pension supplement amount is the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of pension supplement; and
(b) dividing the result by 26; and
(i) the person is not partnered; and
(ii) the amount resulting from paragraph (b) is not a multiple of 10 cents;
rounding the amount up or down to the nearest multiple of 10 cents (rounding up if the amount is not a multiple of 10 cents but is a multiple of 5 cents).
Item | Person's family situation | Use this % |
1 | Not member of couple | 66.33% |
2 | 50% | |
3 | Member of illness separated couple | 66.33% |
4 | Member of respite care couple | 66.33% |
5 | Partnered (partner in gaol) | 66.33% |
Note: For combined couple rate of pension supplement , see subsection 20A(1).
1067L - BA4 The person's pension supplement amount is the amount worked out as follows:
(a) work out the amount for the person under point 1067L - BA3 as if the election were not in force;
(b) from that amount, subtract 1 / 26 of the person's minimum pension supplement amount.
1067L - BB1 An energy supplement is to be added to the person's (the recipient's ) maximum basic rate if the recipient is residing in Australia and:
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
However, this Module does not apply if quarterly energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the energy supplement.
Recipient has reached pension age
1067L - BB2 If the recipient has reached pension age, the recipient's energy supplement is the amount worked out using the following table:
Energy supplement | ||
Item | Recipient's family situation | Amount of energy supplement |
1 | Not a member of a couple | $14.10 |
2 | $10.60 | |
3 | Member of an illness separated couple | $14.10 |
4 | Member of a respite care couple | $14.10 |
5 | Partnered (partner in gaol) | $14.10 |
Recipient has not reached pension age
1067L - BB3 If the recipient has not reached pension age, the recipient's energy supplement is worked out using the following table:
Energy supplement | ||
Item | Recipient's family situation for maximum basic rate | Amount of energy supplement |
1 | If the recipient's maximum basic rate is worked out under item 1 of the table in subpoint 1067L - B2(1) | $7.00 |
2 | If the recipient's maximum basic rate is worked out under item 2 of the table in subpoint 1067L - B2(1) | $7.70 |
3 | If the recipient's maximum basic rate is worked out under item 3 of the table in subpoint 1067L - B2(1) | $9.20 |
4 | If the recipient's maximum basic rate is worked out under item 1 of the table in point 1067L - B3 | $7.70 |
5 | If the recipient's maximum basic rate is worked out under item 2 of the table in point 1067L - B3 | $8.60 |
Qualification for pharmaceutical allowance
1067L - C1 Subject to points 1067L - C1A and 1067L - C2, an amount by way of pharmaceutical allowance is to be added to a person's maximum basic rate if:
(b) the person has turned 55; and
(c) the person has been receiving income support payments in respect of a continuous period of at least 9 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this paragraph).
Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.
No pharmaceutical allowance if person receiving pension supplement
1067L - C1A Pharmaceutical allowance is not to be added to a person's maximum basic rate if a pension supplement amount has been added to that rate.
No pharmaceutical allowance if partner receiving certain supplements under other Acts
1067L - C2 Pharmaceutical allowance is not to be added to a person's maximum basic rate if:
(a) the person is a member of a couple; and
(b) the person's partner is receiving:
(i) veterans supplement under section 118A of the Veterans' Entitlements Act; or
(ii) MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act; or
(iii) pharmaceutical supplement under Part 3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or
(iv) pharmaceutical supplement under Part 4 of the Treatment Benefits (Special Access) Act 2019 ; and
(c) the person's partner is not receiving a service pension or a veteran payment.
Amount of pharmaceutical allowance
1067L - C3 The amount of pharmaceutical allowance is the amount per fortnight worked out using the following table:
Table C--Pharmaceutical allowance amounts | ||
Column 1 Item | Column 2 Person's family situation | Column 3 Amount per fortnight |
1 | Not a member of a couple | $5.40 |
2 | $2.70 | |
3 | Member of an illness separated couple | $5.40 |
4 | Member of a respite care couple | $5.40 |
5 | Partnered (partner getting service pension) | $2.70 |
6 | Partnered (partner in gaol) | $5.40 |
Note 1: For member of a couple , partnered , illness separated couple , respite care couple and partnered (partner in gaol) see section 4.
Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases on 1 January (see sections 1191 to 1194 and 1206A).
Effect of ordinary income on maximum payment rate
1067L - D1 This is how to work out the effect of:
(a) a person's ordinary income; and
(b) the ordinary income of a partner of the person;
on the person's maximum payment rate:
Method statement
Step 1. Work out the amount of the person's ordinary income on a fortnightly basis (where appropriate, taking into account the matters provided for in points 1067L - D2 to 1067L - D24).
Step 2. If the person is a member of a couple, work out the partner income free area using point 1067L - D25.
Note: The partner income free area is the maximum amount of ordinary income the person's partner can have without affecting the person's benefit.
Step 3. Use point 1067L - D26 to work out the person's partner income excess. (If there is no partner income excess under that point, the person's partner income excess is taken to be nil.)
Step 4. Use the person's partner income excess to work out the person's partner income reduction using point 1067L - D27.
Step 5. Use point 1067L - D29 to work out the person's ordinary income excess. (If there is no ordinary income excess under that point, the person's ordinary income excess is taken to be nil.)
Step 6. Use the person's ordinary income excess to work out the person's ordinary income reduction using points 1067L - D30, 1067L - D31 and 1067L - D32.
Step 7. Add the person's partner income reduction and ordinary income reduction: the result is the person's income reduction referred to in Step 4 of the Method statement in point 1067L - A1.
Note 1: For ordinary income see subsection 8(1).
Note 2: The application of the income test is affected by provisions concerning the following:
(a) the general concept of ordinary income and the treatment of certain income amounts (Division 1 of Part 3.10);
(b) business income (sections 1074 and 1075);
(c) income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10);
(d) income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10);
(e) disposal of income (sections 1106 to 1111).
Ordinary income of members of certain couples
1067L - D2 If a person is a member of a couple and the person's partner is receiving a social security pension, a service pension, income support supplement or a veteran payment, the person's ordinary income is taken to be one half of the sum of:
(a) the amount that would be the person's ordinary income if he or she were not a member of a couple; and
(b) the amount that would be the ordinary income of the person's partner if the partner were not a member of a couple.
Lump sum payments arising from termination of employment
1067L - D3 Subject to points 1067L - D5 to 1067L - D16 (inclusive), if:
(a) a person's employment has been terminated; and
(b) as a result the person is entitled to a lump sum payment from the person's former employer;
the person is taken to have received the lump sum payment on the day on which the person's employment was terminated.
Certain leave payments taken to be ordinary income--employment continuing
(a) a person is employed; and
(b) the person is on leave for a period; and
(c) the person is or was entitled to receive a leave payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise) in respect of a part or all of a leave period;
the person is taken to have received ordinary income for a period (the income maintenance period ) equal to the leave period to which the leave payment entitlement relates.
Certain termination payments taken to be ordinary income
(a) a person's employment has been terminated; and
(b) the person receives a termination payment (whether as a lump sum payment, as a payment that is one of a series of regular payments or otherwise);
the person is taken to have received ordinary income for a period (the income maintenance period ) equal to the period to which the payment relates.
More than one termination payment on a day
(a) the person is covered by point 1067L - D6; and
(b) the person receives more than one termination payment on a day;
the income maintenance period is worked out by adding the periods to which the payments relate.
Start of income maintenance period--employment continuing
1067L - D8 If the person is covered by point 1067L - D5, the income maintenance period starts on the first day of the leave period to which the leave payment entitlement relates.
Start of income maintenance period--employment terminated
1067L - D9 Subject to point 1067L - D10A, if the person is covered by point 1067L - D6, the income maintenance period starts, subject to point 1067L - D10, on the day on which the person is paid the termination payment.
Commencement of income maintenance period where there is a second termination payment
(a) a person who is covered by point 1067L - D6 is subject to an income maintenance period (the first period ); and
(b) the person is paid another termination payment during that period (the second leave payment );
the income maintenance period for the second termination payment starts on the day after the end of the first period.
Start of income maintenance period where liquid assets test waiting period applies
1067L - D10A If a person to whom point 1067L - D10 applies is subject to a liquid assets test waiting period, the income maintenance period is taken to have started on the day on which the liquid assets test waiting period started.
Leave payments or termination payments in respect of periods longer than a fortnight
(a) a person receives a leave payment or termination payment; and
(b) the payment is in respect of a period longer than a fortnight;
the person is taken to receive in a payment fortnight or part of a payment fortnight an amount calculated by:
(c) dividing the amount received by the number of days in the period to which the payment relates ( daily rate ); and
(d) multiplying the daily rate by the number of days in the payment fortnight that are also in the period.
1067L - D12 If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while an income maintenance period applies to the person, the Secretary may determine that the whole, or any part, of the period does not apply to the person.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Note 3: If an income maintenance period applies to a person, then, during that period:
(a) the allowance claimed may not be payable to the person; or
(b) the amount of the allowance payable to the person may be reduced.
When a person receives a leave payment or a termination payment
1067L - D13 For the purposes of points 1067L - D5 to 1067L - D12 (inclusive), a person ( first person ) is taken to receive a leave payment or termination payment if:
(a) the payment is made to another person:
(i) at the direction of the first person or a court; or
(ii) on behalf of the first person; or
(iii) for the benefit of the first person; or
(b) the first person waives or assigns his or her right to receive the payment.
Single payment in respect of different kinds of termination payments
1067L - D14 If a person who is covered by point 1067L - D6 receives a single payment in respect of different kinds of termination payments, then, for the purposes of the application of points 1067L - D5 to 1067L - D13 (inclusive):
(a) each part of the payment that is in respect of a different kind of termination payment is taken to be a separate payment; and
(b) the income maintenance period in respect of the single payment is worked out by adding the periods to which the separate payments relate.
1067L - D15 In points 1067L - D5 to 1067L - D14 (inclusive):
"payment fortnight" means a fortnight in respect of which an austudy payment is paid, or would be paid apart from the application of an income maintenance period, to a person.
"period to which the payment relates" means:
(a) if the payment is a leave payment--the leave period to which the payment relates; or
(b) if the payment is a termination payment and is calculated as an amount equivalent to an amount of ordinary income that the person would (but for the termination) have received from the employment that was terminated--the period for which the person would have received that amount of ordinary income; or
(c) if the payment is a termination payment and paragraph (b) does not apply--the period of weeks (rounded down to the nearest whole number) in respect of which the person would have received ordinary income, from the employment that was terminated, of an amount equal to the amount of the termination payment if:
(i) the person's employment had continued; and
(ii) the person received ordinary income from the employment at the rate per week at which the person usually received ordinary income from the employment prior to the termination.
"redundancy payment" includes a payment in lieu of notice.
"termination payment" includes:
(a) a redundancy payment; and
(b) a leave payment relating to a person's employment that has been terminated; and
(c) any other payment that is connected with the termination of a person's employment.
Meaning of leave payment
1067L - D16 In points 1067L - D5 to 1067L - D15 (inclusive):
"leave payment" includes a payment in respect of sick leave, annual leave, maternity leave and long service leave, but does not include an instalment of parental leave pay.
Board and lodging
1067L - D18 A person's ordinary income is not to include a payment to the person for board or lodging provided by the person to a parent, child, brother or sister of the person.
Ordinary income generally taken into account when first earned, derived or received
1067L - D19 Subject to points 1067L - D20, 1067L - D21, 1067L - D23 and 1067L - D24 and sections 1072A and 1073, ordinary income (except employment income) is to be taken into account in the fortnight in which it is first earned, derived or received.
Note: See Division 1AA of Part 3.10 for the treatment of employment income.
Claimant or recipient receives lump sum amount for remunerative work
1067L - D20 If a person whose claim for austudy payment has been granted receives, after the claim was made, a lump sum amount that:
(a) is paid to him or her in relation to remunerative work; and
(b) is not a payment to which point 1067L - D21 applies; and
(c) is not an exempt lump sum; and
(d) is not employment income;
the person is, for the purposes of this Module, taken to receive one fifty - second of that amount as ordinary income during each week in the 12 months commencing on the day on which the person becomes entitled to receive that amount.
Partner of claimant or recipient receives lump sum amount for remunerative work
(a) a person whose claim for austudy payment has been granted is a member of a couple; and
(b) after the person has made the claim, the person's partner receives a lump sum amount that:
(i) is paid to him or her in relation to remunerative work; and
(ii) is not a payment to which point 1067L - D23 applies; and
(iii) is not an exempt lump sum; and
(iv) is not employment income;
the partner is, for the purposes of this Module, taken to receive one fifty - second of that amount as ordinary income during each week in the 12 months commencing on the day on which the partner becomes entitled to receive that amount.
Operation of points 1067L - D20 and 1067L - D21
1067L - D22 Points 1067L - D20 and 1067L - D21 have effect even if the person who has made the claim:
(a) is subject to a liquid assets test waiting period or an income maintenance period in respect of the allowance claimed; or
(b) is subject to a seasonal work preclusion period;
during the period of 12 months referred to in those points.
Ordinary income received at intervals longer than one fortnight
1067L - D23 Subject to points 1067L - D5 to 1067L - D16 (inclusive), if:
(a) a person receives a number of payments of ordinary income (except employment income); and
(b) each payment is in respect of a period ( work period ) that is greater than a fortnight; and
(c) there is reasonable predictability or regularity as to the timing of the payments; and
(d) there is reasonable predictability as to the quantum of the payments;
the person is taken to receive in a fortnight falling within, or overlapping with, a work period an amount calculated by:
(e) dividing the amount received by the number of days in the work period ( daily rate ); and
(f) multiplying the daily rate by the number of days in the fortnight that are also within the work period.
Payment of arrears of periodic compensation payments
(a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving an austudy payment; and
(b) in relation to that entitlement, the person receives a payment of arrears of periodic compensation;
the person is taken to receive, in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:
(c) dividing the amount received by the number of days in the periodic payments period ( daily rate ); and
(d) multiplying the daily rate by the number of days in the fortnight that are also within the periodic payments period.
Note: For periodic payments period see section 17.
1067L - D25 The partner income free area for a person is:
(a) if the person's partner is not receiving a social security benefit and has not turned 22--the amount of income of the partner (rounded up to the nearest dollar) beyond which youth allowance would not be payable to the partner if the partner were qualified for a youth allowance and were not undertaking full - time study (see section 541B); or
(b) if the person's partner is not receiving a social security benefit and has turned 22--the amount of income of the partner (rounded up to the nearest dollar) beyond which jobseeker payment would not be payable to the partner if the partner were qualified for a jobseeker payment; or
(c) if the person's partner is receiving a social security benefit--the amount of income of the partner (rounded up to the nearest dollar) beyond which that benefit would not be payable to the partner.
1067L - D25A For the purposes of paragraph 1067L - D25(a), disregard steps 2, 2A and 3 of the method statement in point 1067G - A1.
1067L - D25B For the purposes of paragraph 1067L - D25(b), disregard steps 2 and 3 of the method statement in point 1068 - A1.
(a) a person is a member of a couple; and
(b) the person's partner is not receiving a social security pension, a service pension, income support supplement or a veteran payment; and
(c) the partner's ordinary income exceeds the partner income free area for the partner;
(d) the person has a partner income excess; and
(e) the person's partner income excess is the amount by which the partner's ordinary income exceeds the partner income free area.
1067L - D27 If a person has a partner income excess, the person's partner income reduction is an amount equal to 60% of the person's partner income excess.
Facts: Alice's partner Martin has an ordinary income of $800. Assume that the partner income free area under point 1067L - D25 is $640.
Result: Martin's ordinary income exceeds the partner income free area. Alice therefore has a partner income excess under point 1067L - D26 of:
Alice's partner income reduction under point 1067L - D27 is therefore:
Ordinary income free area
1067L - D28 A person's ordinary income free area is $400.
Ordinary income excess
1067L - D29 If a person's ordinary income exceeds the person's ordinary income free area:
(a) the person has an ordinary income excess; and
(b) the person's ordinary income excess is the amount by which the person's ordinary income exceeds the person's ordinary income free area.
Ordinary income reduction
1067L - D30 If a person has an ordinary income excess, the person's ordinary income reduction is the sum of:
(a) the person's lower range reduction (if any) (see point 1067L - D31); and
(b) the person's upper range reduction (if any) (see point 1067L - D32).
1067L - D31 The person's lower range reduction is an amount equal to 50% of the part of the person's ordinary income excess that does not exceed $80.
1067L - D32 The person's upper range reduction is an amount equal to 60% of the part (if any) of the person's ordinary income excess that exceeds $80.
1067L - E1 A person's ordinary income under Module D may be reduced under this Module. This diagram sets out how to work out:
(a) whether the person's ordinary income for a particular fortnight in respect of which austudy payment may be payable to the person, is to be reduced; and
(b) if it is to be reduced, the amount of the reduction.
Income bank credit
1067L - E2 A person's income bank credit for a particular income bank fortnight of the person is to be worked out as follows:
Method statement
Step 1. Assume that the person's income bank credit, at the time this Module starts applying to the person, is an opening balance of zero.
Step 2. If, for the person's first income bank fortnight, the person has an income credit under point 1067L - E3, add it to the opening balance.
Step 3. For each subsequent income bank fortnight of the person, up to but not including the fortnight in question, either:
(a) if the person has an income credit for that fortnight under point 1067L - E3 and the person is not a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $10,000; or
(aa) if the person has an income credit for that fortnight under point 1067L - E3 and the person is a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $1,000; or
(b) if the person has, in respect of that fortnight, drawn from the person's income bank credit under point 1067L - E4--deduct from that balance the amount drawn, but not so as to reduce the balance below zero.
Income credit
1067L - E3 For the purposes of point 1067L - E2, if the amount that would, apart from this Module, be the person's ordinary income for an income bank fortnight of the person is less than the ordinary income free area (see point 1067L - D28):
(a) the person has an income credit for that fortnight; and
(b) the income credit is an amount equal to the difference between the ordinary income free area (see point 1067L - D28) and the first - mentioned amount.
Drawing from income bank credit
1067L - E4 For the purposes of point 1067L - E2, if the amount that would, apart from this Module, be the person's ordinary income for an income bank fortnight of the person is greater than the ordinary income free area (see point 1067L - D28):
(a) the person is taken to have drawn from the person's income bank credit in respect of that fortnight; and
(b) the amount drawn is taken to be an amount equal to the difference between the first - mentioned amount and the ordinary income free area (see point 1067L - D28).
Income bank fortnight
1067L - E5 For the purposes of this Module, an income bank fortnight of a person is any fortnight in respect of which an austudy payment may be payable to the person.
Opening balance following cancellation of another social security pension or benefit
(a) a person ceases to be a working credit participant because of a determination to cancel, or an automatic cancellation of, the person's social security pension or social security benefit; and
(b) the person had a working credit balance greater than nil immediately before the date of effect of the determination or cancellation; and
(c) the person makes a claim, or is taken to have made a claim, for an austudy payment; and
(d) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (b); and
(e) the person becomes a person to whom this Module applies on a day (the module application day ), being either the day with effect from which the claim is granted or a day following that day; and
(f) the person has not reached pension age before the module application day;
the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the module application day.
Opening balance following suspension and subsequent cancellation of another social security pension or benefit
(a) a person ceases to be a working credit participant because of a determination to suspend the person's social security pension or social security benefit; and
(b) while the person's pension or benefit is suspended, there is a determination to cancel the person's pension or benefit; and
(c) the person had a working credit balance greater than nil immediately before the date of effect of the suspension determination; and
(d) the person makes a claim, or is taken to have made a claim, for an austudy payment; and
(e) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (c); and
(f) the person becomes a person to whom this Module applies on a day (the module application day ), being either the day with effect from which the claim is granted or a day following that day; and
(g) the person has not reached pension age before the module application day;
the working credit balance mentioned in paragraph (c) becomes the opening balance of the income bank credit applicable to the person on the module application day.
Remote area allowance--person physically in remote area
1067L - F1 An amount by way of remote area allowance is to be added to a person's rate of austudy payment if:
(a) the person's rate of austudy payment apart from this point is greater than nil; and
(b) the person's usual place of residence is situated in the remote area; and
(c) the person is physically present in the remote area.
Note 1: For remote area see subsection 14(1).
Note 2: A person may be considered to be physically present in a remote area during temporary absences (see subsection 14(2)).
Rate of remote area allowance
1067L - F2 A person's rate of remote area allowance is worked out using Table F. Work out which family situation in the table applies to the person. The rate of remote area allowance is the corresponding amount in column 3 plus the additional corresponding amount in column 4 for each FTB child, and each regular care child, of the person.
Table F--Remote area allowance | |||
Column 1 Item | Column 2 Person's family situation | Column 3 Basic allowance | Column 4 Additional allowance for each FTB child and regular care child |
1 | Not a member of a couple | $18.20 | $7.30 |
2 | $15.60 | $7.30 | |
3 | Member of an illness separated couple | $18.20 | $7.30 |
4 | Partnered (partner in gaol) | $18.20 | $7.30 |
Note: For member of a couple , partnered , illness separated couple and partnered (partner in gaol) see section 4.
Meaning of remote area allowance
1067L - F3 In Table F, remote area allowance means an amount added to a person's austudy payment by way of remote area allowance.
In remote area
1067L - F4 For the purposes of Table F, a person is in the remote area if:
(a) the person's usual place of residence is in the remote area; and
(b) the person is physically present in the remote area.
Special rule if partner has an FTB or regular care child but is not receiving a pension
(a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and
(b) the person's partner is not receiving a social security pension or social security benefit; and
(c) the person's partner has an FTB child or a regular care child;
the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.
Special rule if partner has an FTB or regular care child but is not receiving additional allowance for the child
(a) an additional allowance is to be included in the rate of remote area allowance for a person who is a member of a couple; and
(b) the person's partner has an FTB child or a regular care child; and
(c) the person's partner is not receiving additional allowance for the child;
the child is taken, for the purposes of this Module, to be an FTB child, or a regular care child, (as the case requires) of the person.
Special rule dealing with the death of an FTB or regular care child
1067L - F9 If an FTB child, or a regular care child, of a person dies, this Module has effect, for a period of 14 weeks after the death of the child, as if the child had not died.
Note: This point does not prevent this Module having the effect it would have had if the child would otherwise have ceased to be an FTB child, or a regular care child, during that 14 weeks.
Method statement
Step 1. Work out the amount of education entry payment paid to the credit of the account as mentioned in paragraph (1)(c).
Step 2. Subtract from that amount the total amount withdrawn from the account during the 4 - week period referred to in paragraph (1)(c): the result is the saved amount .
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if the person's partner had not died, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday; and
(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner's payday immediately before the first available bereavement adjustment payday;
the result is called the combined rate .
Step 2. Work out the amount that, but for section 768D, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate .
Step 3. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component .
Step 4. Work out the number of the partner's paydays in the bereavement lump sum period.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Add up:
(a) the amount that, if neither the person nor the person's partner had died, would have been payable to the person on the person's payday immediately after the day on which the person dies; and
(b) the amount (if any) that, if neither the person nor the person's partner had died, would have been payable to the person's partner on the partner's payday immediately after the day on which the person died;
the result is called the combined rate .
Step 2. Work out the amount that, but for section 768D, would have been payable to the person on the person's payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate .
Step 3. Take the person's individual rate away from the combined pensioner couple rate: the result is called the partner's instalment component .
Step 4. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 5. Multiply the partner's instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
Method statement
Step 1. Work out the period of the person's Australian working life residence using Module B: the result is called the residence period .
Step 2. Use the person's residence period to work out the person's residence factor using Module C below.
Step 3. Work out the rate that would be the person's pension or allowance rate if this Rate Calculator did not apply to the person: the result is called the person's notional domestic rate .
Step 4. Multiply the person's notional domestic rate by the person's residence factor: the result is the person's special needs proportional rate.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday if:
(a) the person's partner had not died; and
(b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple--they were not such a couple.
Step 2. Work out the amount that would have been payable to the person's partner on the partner's payday or service payday immediately before the first available bereavement adjustment payday if:
(a) the partner had not died; and
(b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple--they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate .
Step 4. Work out the amount that, but for subsection 825, would have been payable to the person on the person's payday immediately before the first available bereavement adjustment payday: the result is called the person's individual rate .
Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component .
Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.
Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the amount that would have been payable to the person on the person's payday immediately after the day on which the person died if:
(a) neither the person nor the person's partner had died; and
(b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple--they were not such a couple.
Step 2. Work out the amount that would have been payable to the partner on the partner's payday or service payday immediately after the day on which the person died if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner's death the couple were an illness separated couple or a respite care couple--they were not such a couple.
Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate .
Step 4. Work out the amount that, but for section 825, would have been payable to the person on the person's payday immediately after the day on which the person died if the person had not died: the result is called the person's individual rate .
Step 5. Take the person's individual rate away from the combined rate: the result is called the partner's instalment component .
Step 6. Work out the number of paydays of the partner in the period that starts on the day on which the person dies and ends on the day on which the bereavement period ends.
Step 7. Multiply the partner's instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
Method statement
Step 1. Work out the amount of the person's adjusted taxable income for the reference tax year.
Note 1: Section 957B deals with how to work out adjusted taxable income.
Note 2: For reference tax year see subsections (2) and (3).
Step 2. If, on the test day, the person is a member of a couple, work out the amount of the person's partner's adjusted taxable income for the reference tax year applicable under step 1.
Note 1: Section 957B deals with how to work out adjusted taxable income.
Note 2: For reference tax year see subsections (2) and (3).
Step 3. If, on the test day, the person is not a member of a couple, the person has reached the minimum age mentioned in section 301 - 10 of the Income Tax Assessment Act 1997 and the person has at least one long - term financial asset, work out the person's deemed income amount under subsection 957D(1).
Note: For long - term financial asset see subsection (5).
Step 4. If, on the test day, the person is a member of a couple and the person, or the person's partner, or both, have reached the minimum age mentioned in section 301 - 10 of the Income Tax Assessment Act 1997 and have at least one long - term financial asset, work out the person's deemed income amount under subsection 957D(2).
Note: For long - term financial asset see subsection (5).
Step 5. Work out the sum of the amounts at steps 1, 2, 3 and 4 (as applicable).
Step 6. The person satisfies the carer allowance income test if the amount at step 5 is less than $250,000.
Method statement
Step 1. Work out the total value of all of the person's long - term financial assets on the test day.
Note: For long - term financial asset see subsection 957A(5).
Step 2. Work out under section 1076 the amount of ordinary income the person would be taken to receive per year on the financial assets:
(a) on the assumption that the only financial assets of the person were the financial assets referred to in step 1; and
(b) on the assumption that the total value of the person's financial assets were the amount at step 1.
Step 3. The result at step 2 is the person's deemed income amount .
Method statement
Step 1. If, on the test day, the person has reached the minimum age mentioned in section 301 - 10 of the Income Tax Assessment Act 1997 , work out the total value of all of the person's long - term financial assets on the test day.
Note: For long - term financial asset see subsection 957A(5).
Step 2. If, on the test day, the person's partner has reached the minimum age mentioned in section 301 - 10 of the Income Tax Assessment Act 1997 , work out the total value of all of the person's partner's long - term financial assets on the test day.
Step 3. Work out under section 1077 the amount of ordinary income the couple would be taken to receive per year on the financial assets:
(a) on the assumption that section 1077 applied to the person and the person's partner; and
(b) on the assumption that the only financial assets of the person and the person's partner were the financial assets referred to in steps 1 and 2 (as applicable); and
(c) on the assumption that the total value of the couple's financial assets were the sum of the amounts at steps 1 and 2 (as applicable).
Step 4. The result at step 3 is the person's deemed income amount .
Lump Sum Calculator
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the rate at which carer allowance was payable to the person immediately before the child died.
Step 2. Work out the number of paydays of the person in the bereavement lump sum period.
Step 3. Multiply the rate obtained in Step 1 by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Lump Sum Calculator
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the rate at which carer allowance was payable to the person immediately before the disabled adult died.
Step 2. Work out the number of paydays of the person in the bereavement lump sum period.
Step 3. Multiply the rate obtained in step 1 by the number obtained in step 2: the result is the amount of the lump sum payable to the person under this section.
LUMP SUM CALCULATOR
This is how to work out the amount of the lump sum:
Method statement
Step 1. Work out the rate at which double orphan pension was payable immediately before the first available bereavement adjustment payday: the result is called the continued rate .
Step 2. Work out the number of the person's paydays in the bereavement lump sum period.
Step 3. Multiply the continued rate by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Method statement
Step 1. Work out the number of days that, at the time of qualification under section 1035A, remain from the period of 26 weeks referred to in paragraph (c) (counting the day on which that qualification occurs as a whole day).
Step 2. Multiply the result under Step 1 by the amount worked out under the following formula:
If the result is not a whole number, round the result down to the next whole number.
Step 3. Subtract the result under Step 2 from the result under Step 1.
Step 4. Subtract the result under Step 3 from the number 182. The result is the number of days in the person's advance payment period.
Method statement
Step 1. Work out 3 / 52 of the person's advance payment qualifying amount.
Step 2. Work out the annual rate at which the social security pension was payable to the person on the last payday before the application for the advance payment was lodged, disregarding:
(a) any amount payable by way of remote area allowance; and
(b) so much of the person's pension supplement amount (if any) as is equal to the person's minimum pension supplement amount; and
(c) the person's energy supplement (if any).
Step 3. Work out the smaller of the result of step 1 and 7.5% of the result of step 2.
Step 4. Subtract the following from the result of step 3:
(a) each advance payment (if any) of a social security entitlement paid to the person during any of the 13 fortnights immediately before the application for the current advance payment was lodged;
(b) each other advance payment (if any) of a social security entitlement paid to the person that has not been fully repaid.
Step 5. The result of step 4 (rounded to the nearest cent (rounding 0.5 cents upwards)) is the maximum amount of advance payment payable to the person.
Student start - up loans are social security payments that are income - contingent loans.
Broadly, full - time students who are receiving youth allowance or austudy might be qualified for a student start - up loan. A person can qualify for up to 2 loans each calendar year. To receive a loan, a person must make a claim before the end of the relevant period for each loan.
Once the person's income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other income - contingent loan schemes, the person must start repaying debt in relation to student start - up loans.
A person incurs an SSL debt if the person receives a student start - up loan (except in certain circumstances when the loan is required to be recovered as a social security debt under this Act).
Each SSL debt is incorporated into the person's accumulated SSL debt. This accumulated SSL debt forms the basis for working out the amounts the person is obliged to repay.
There are 2 stages to working out a person's accumulated SSL debt for a financial year.
In stage 1, the person's former accumulated SSL debt is worked out by adjusting the preceding financial year's accumulated SSL debt to take account of:
(a) the HELP debt indexation factor for 1 June in that financial year; and
(b) the debts that the person incurs during the last 6 months of the preceding financial year; and
(c) voluntary SSL repayments of the debt; and
(d) compulsory SSL repayment amounts in respect of the debt.
In stage 2, the person's accumulated SSL debt is worked out from:
(a) the person's former accumulated SSL debt; and
(b) the SSL debts that the person incurs during the first 6 months of the financial year; and
(c) voluntary SSL repayments of those debts.
Method statement
Step 1. Take the person's accumulated SSL debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated SSL debt for that financial year.)
Step 2. Add the sum of all of the SSL debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year.
Step 3. Subtract the sum of the amounts by which the person's debts referred to in steps 1 and 2 are reduced because of any voluntary SSL repayments that have been made during the period:
(a) starting on 1 June in the immediately preceding financial year; and
(b) ending immediately before the next 1 June.
Step 4. Subtract the sum of all of the person's compulsory SSL repayment amounts that:
(a) were assessed during that period (excluding any assessed as a result of a return given before that period); or
(b) were assessed after the end of that period as a result of a return given before the end of that period.
Step 5. Subtract the sum of the amounts by which any compulsory SSL repayment amount of the person is increased (whether as a result of an increase in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period.
Step 6. Add the sum of the amounts by which any compulsory SSL repayment amount of the person is reduced (whether as a result of a reduction in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period.
A person who owes a debt to the Commonwealth under this Chapter may make voluntary SSL repayments.
The person is required to make repayments once the person's income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other income - contingent loan schemes.
The amount of the repayments is based on the person's income.
The Commissioner makes assessments of repayment amounts, which are collected in the same way as amounts of income tax.
Method statement
Step 1. Work out the total amount of youth allowance general rate, austudy payment general rate or pensioner education supplement that would be payable to the person for the eligibility period if the person did not apply for financial supplement.
Step 2. Work out the total amount of advance payment deductions (if any) to be made from the person's rate of youth allowance or austudy payment, under Part 3.16A, in the eligibility period.
Subtract that total amount from the total amount worked out under Step 1.
Step 3. Work out the total amount of overpayments (if any) for the eligibility period.
Subtract that total amount from the total amount worked out under Step 2.
Step 4. Work out the total amount of deductions (if any) that are to be paid to the Commissioner of Taxation, under section 1359, for the eligibility period.
Note: Section 1359 provides for the deduction and payment to the Commissioner of Taxation of amounts of tax that a person is required to pay.
Subtract that total amount from the total amount worked out under Step 3.
Step 5. Work out the total amount (if any) of youth allowance general rate, austudy payment general rate or pensioner education supplement that has already been paid for the eligibility period.
Ignore any amount that has already been dealt with under Step 2.
Ignore any amount that is taken never to have been paid because of section 1061ZZAW.
Subtract the total amount from the amount worked out under Step 4.
Step 6. Multiply the amount left by 2.
Step 7. If the result is not a number of whole dollars, round the result up to the next number of whole dollars.
Method statement
Step 1. Multiply $7,000 by the number of days in the eligibility period.
Step 2. Divide the result by the number of days in the year in which the eligibility period is included.
If the result is not a number of whole dollars, round the result up to the next number of whole dollars.
Method statement
Step 1. Multiply $2,000 by the number of days in the eligibility period.
Step 2. Divide the result by the number of days in the year that includes the eligibility period.
If the result is not a number of whole dollars, round the result up to the next number of whole dollars.
Method statement
Step 1. Work out the amount of financial supplement paid to the credit of the account in the 4 weeks.
Step 2. Subtract from that amount the total amount withdrawn from the account in the 4 weeks.
The amount left is the saved amount.
Method statement
Step 1. Work out the total of the index number for the March quarter in the later reference period and the index numbers for the 3 immediately preceding quarters.
Step 2. Work out the total of the index number for the March quarter in the earlier reference period and the index numbers for the 3 immediately preceding quarters.
Step 3. Divide the total worked out under Step 1 by the total worked out under Step 2.
Step 4. Round the result to 3 decimal places.
Method statement
Step 1. Work out the total of the index number for the March quarter in the relevant year and the index numbers for the 3 immediately preceding quarters.
Step 2. Work out the total of the index number for the March quarter immediately before the relevant year and the index numbers for the 3 immediately preceding quarters.
Step 3. Divide the total worked out using Step 1 by the total worked out using Step 2.
Step 4. Round the result to 3 decimal places.
Method statement
Step 1. Work out the person's maximum basic rate using MODULE B below.
Step 1A. Work out the amount of pension supplement using Module BA below.
Step 1B. Work out the energy supplement (if any) using Module C below.
Step 3. Work out the amount per year (if any) for rent assistance in accordance with paragraph 1070A(b).
Step 4. Add up the amounts obtained in Steps 1, 1A, 1B and 3: the result is called the maximum payment rate .
Step 5. Apply the ordinary income test using MODULE E below to work out the income reduction.
Note: Module F contains provisions that may apply to working out the ordinary income of a person, and the ordinary income of a partner of the person, for the purposes of disability support pension.
Step 8. Take the income reduction away from the maximum payment rate: the result is called the income reduced rate .
Step 9. Apply the assets test using MODULE G below to work out the reduction for assets.
Step 10. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate .
Step 11. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the provisional annual payment rate .
Step 12. The rate of pension is the amount obtained by:
(a) subtracting from the provisional annual payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module H).
Method statement
Step 1. Work out the amount of the person's ordinary income on a yearly basis.
Note 1: For the treatment of the ordinary income of members of a couple see point 1064 - E2.
Note 2: Module F contains provisions that may apply to working out the ordinary income of a person, and the ordinary income of a partner of the person, for the purposes of disability support pension.
Step 2. Work out the person's ordinary income free area (see point 1064 - E4 below).
Note: A person's ordinary income free area is the amount of ordinary income that the person can have without any deduction being made from the person's maximum payment rate.
Step 3. Work out whether the person's ordinary income exceeds the person's ordinary income free area.
Step 4. If the person's ordinary income does not exceed the person's ordinary income free area, the person's ordinary income excess is nil.
Step 5. If the person's ordinary income exceeds the person's ordinary income free area, the person's ordinary income excess is the person's ordinary income less the person's ordinary income free area.
Step 6. Use the person's ordinary income excess to work out the person's reduction for ordinary income using points 1064 - E10 to 1064 - E12 below.
Method statement
Step 1. Work out the value of the person's assets.
Note 1: For the treatment of the assets of members of a couple see point 1064 - G2.
Note 2: For the assets that are to be disregarded in valuing a person's assets see section 1118.
Note 3: For the valuation of an asset that is subject to a charge or encumbrance see section 1121.
Step 2. Work out the person's assets value limit (see point 1064 - G3 below).
Note: A person's assets value limit is the maximum value of assets the person can have without affecting the person's pension rate.
Step 3. Work out whether the value of the person's assets exceeds the person's assets value limit.
Step 4. If the value of the person's assets does not exceed the person's assets value limit, the person's assets excess is nil.
Step 5. If the value of the person's assets exceeds the person's assets value limit, the person's assets excess is the value of the person's assets less the person's assets value limit.
Step 6. Use the person's assets excess to work out the person's reduction for assets using points 1064 - G4 to 1064 - G7 below.
Method statement
Step 1. Work out what would be the person's rate of pension if Pension Rate Calculator A applied to the person: the result is called the notional income/assets tested rate .
Step 2. Work out the person's maximum basic rate using MODULE B below.
Step 2A. Work out the amount of pension supplement using Module BA below.
Step 3. Work out the energy supplement (if any) using Module C below.
Step 4. Add up the amounts obtained in Steps 2, 2A and 3: the result is called the maximum payment rate .
Step 5. Work out the non - income/assets tested rate by:
(a) subtracting from the maximum payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module E).
Step 6. Compare the notional income/assets tested rate and the non - income/assets tested rate: whichever is the greater is the person's rate of pension .
Method statement
Step 1. Work out the person's maximum basic rate using MODULE B below.
Step 1A. Work out the energy supplement (if any) using Module BA below.
Step 2. Work out the amount per year for youth disability, Supplement using MODULE C below.
Step 3. Work out the amount per year (if any) of pharmaceutical allowance using MODULE D below.
Step 4. Work out the amount per year (if any) for rent assistance in accordance with paragraph 1070A(b).
Step 5. Add up the amounts obtained in Steps 1, 1A, 2, 3 and 4: the result is called the maximum payment rate .
Note: Module G contains provisions that may apply to working out, under this Rate Calculator, the ordinary income of a person, and the ordinary income of a partner of the person.
Step 6. Apply the ordinary income test using MODULE F below to work out the income reduction.
Step 9. Take the income reduction away from the maximum payment rate: the result is called the income reduced rate .
Step 10. Apply the assets test using MODULE H below to work out the reduction for assets.
Step 11. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate .
Step 12. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the provisional annual payment rate .
Step 13. The rate of pension is the amount obtained by:
(a) subtracting from the provisional annual payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module I).
Method statement
Step 1. Work out the amount of the person's ordinary income on a yearly basis.
Note 1: For the treatment of the ordinary income of members of a couple see point 1066A - F2.
Note 2: Module G contains provisions that may apply to working out, under this Rate Calculator, the ordinary income of a person, and the ordinary income of a partner of the person.
Step 2. Work out the person's ordinary income free area (see point 1066A - F3 below).
Note: A person's ordinary income free area is the amount of ordinary income that the person can have without any deduction being made from the person's maximum payment.
Step 3. Work out whether the person's ordinary income exceeds the person's ordinary income free area.
Step 4. If the person's ordinary income does not exceed the person's ordinary income free area, the person's ordinary income excess is nil.
Step 5. If the person's ordinary income exceeds the person's ordinary income free area, the person's ordinary income excess is the person's ordinary income less the person's ordinary income free area.
Step 6. Use the person's ordinary income excess to work out the person's reduction for ordinary income using points 1066A - F9 to 1066A - F11 below.
Method statement
Step 1. Work out the value of the person's assets.
Note 1: For the treatment of the assets of members of a couple see point 1066A - H2.
Note 2: For the assets that are to be disregarded in valuing a person's assets see section 1118.
Note 3: For the valuation of an asset that is subject to a charge or encumbrance see section 1121.
Step 2. Work out the person's assets value limit (see point 1066A - H3 below).
Note: A person's assets value limit is the maximum value of assets the person can have without affecting the person's pension rate.
Step 3. Work out whether the value of the person's assets exceeds the person's assets value limit.
Step 4. If the value of the person's assets does not exceed the person's assets value limit, the person's assets excess is nil.
Step 5. If the value of the person's assets exceeds the person's assets value limit, the person's assets excess is the value of the person's assets less the person's assets value limit.
Step 6. Use the person's assets excess to work out the person's reduction for assets using points 1066A - H4 to 1066A - H7 below.
Method statement
Step 1. Work out what would be the person's rate of pension if Pension Rate Calculator D applied to the person: the result is called the notional income/assets tested rate .
Step 2. Work out the person's maximum basic rate using MODULE B below.
Step 2A. Work out the energy supplement (if any) using Module BA below.
Step 3. Work out the amount per year for youth disability supplement using MODULE C below.
Step 4. Work out the amount per year (if any) of pharmaceutical allowance using MODULE D below.
Step 5. Add up the amounts obtained in Steps 2, 2A, 3 and 4: the result is called the maximum payment rate .
Step 6. Work out the non - income/assets tested rate by:
(a) subtracting from the maximum payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module F).
Step 7. Compare the notional income/assets tested rate and the non - income/assets tested rate: whichever is the greater is the person's rate of pension .
Method statement
Step 1. Work out the person's maximum basic rate using Module B below.
Step 1A. Work out the energy supplement (if any) using Module BA below.
Step 2. Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.
Step 2A. Work out the amount per fortnight (if any) for youth disability supplement using Module D below.
Step 3. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).
Step 4. Add up the amounts obtained in Steps 1 to 3: the result is the maximum payment rate .
Step 8. If the person is not independent, work out the person's reduction for parental income using Module E.
Step 12. Apply the income test using Module H below to work out the person's income reduction.
Step 13. Take away from the maximum payment rate the greatest of the following that apply:
(a) the person's reduction for parental income;
(c) the person's income reduction.
(If a reduction described in paragraph (a) applies, and is not less than any other reduction that applies, take away from the maximum payment rate the first - mentioned reduction.) The result is the provisional fortnightly payment rate . If that rate is nil because of the taking away of a reduction described in paragraph (a) then youth allowance is not payable to the person.
Note: If a person's maximum payment rate is reduced under this step, section 1210 sets the order in which the components of that rate are to be reduced.
Step 14. The rate of allowance is the amount obtained by:
(a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module K).
Method statement
Step 1. Work out the MIT reducible amount by subtracting the base FTB child rate in point 1067G - E2 from the maximum FTB child rate in point 1067G - E3 and then multiplying the result by:
Step 2. Apply the parental income test in Module F to work out the parental income test result for the person.
Step 3. If the parental income test result is equal to or more than the MIT reducible amount, the person's reduction for parental income is the parental income test result.
Step 4. If the parental income test result is less than the person's MIT reducible amount, apply the maintenance income test in Module GA to work out the maintenance income test result for the person.
Step 5. Add the parental income test result to the maintenance income test result to get the person's notional reduction .
Step 6. If the notional reduction is less than or equal to the MIT reducible amount, the person's reduction for parental income is the notional reduction.
Step 7. If the notional reduction is more than the MIT reducible amount, the person's reduction for parental income is the MIT reducible amount.
Method statement
Step 1. Work out whether the person is exempt from the parental income test using Submodule 2. If the person is exempt, go to step 5.
Step 2. If the person is not exempt, identify the appropriate tax year using Submodule 3.
Step 3. Work out the person's combined parental income for the appropriate tax year using Submodule 4.
Step 4. Work out the person's parental income free area using Submodule 5.
Step 5. If:
(a) the person's combined parental income does not exceed the person's parental income free area; or
(b) the person is exempt from the parental income test;
then the parental income test result for the person is nil.
Step 6. If the person's combined parental income exceeds the person's parental income free area, then the parental income test result for the person is the amount worked out using Submodule 6.
Method statement
Step 1. Work out whether the person is exempt from the maintenance income test using Submodule 2. If the person is exempt, go to step 5.
Step 2. If the person is not exempt, work out the annualised amount of maintenance income for a parent of the person (the parent's maintenance income ) using Submodule 3.
Step 3. Work out the parent's maintenance income free area using Submodule 4.
Step 4. Work out whether the parent's maintenance income exceeds the parent's maintenance income free area.
Step 5. If:
(a) the parent's maintenance income does not exceed the parent's maintenance income free area; or
(b) the person is exempt from the maintenance income test;
then the maintenance income test result for the person is nil.
Step 6. If the parent's maintenance income exceeds the parent's maintenance income free area, multiply the excess by 0.5. The result, divided by 26, is the maintenance income test result for the person.
Method statement
Step 1. Work out the amount of the person's ordinary income on a fortnightly basis (where appropriate, taking into account the matters provided for in points 1067G - H2 to 1067G - H25).
Step 2. If the person is a member of a couple, work out the partner income free area using point 1067G - H26.
Note: The partner income free area is the maximum amount of ordinary income the person's partner can have without affecting the person's benefit.
Step 3. Use point 1067G - H27 to work out the person's partner income excess. (If there is no partner income excess under that point, the person's partner income excess is taken to be nil.)
Step 4. Use the person's partner income excess to work out the person's partner income reduction using point 1067G - H28.
Step 5. Use point 1067G - H30 to work out the person's ordinary income excess. (If there is no ordinary income excess under that point, the person's ordinary income excess is taken to be nil.)
Step 6. Use the person's ordinary income excess to work out the person's ordinary income reduction using points 1067G - H31, 1067G - H32 and 1067G - H33.
Step 7. Add the person's partner income reduction and ordinary income reduction: the result is the person's income reduction referred to in Step 12 of the Method statement in point 1067G - A1.
Method statement
Step 1. Assume that the person's income bank credit, at the time this Module starts applying to the person, is an opening balance of zero.
Step 2. If, for the person's first income bank fortnight, the person has an income credit under point 1067G - J4, add it to the opening balance.
Step 3. For each subsequent income bank fortnight of the person, up to but not including the fortnight in question, either:
(a) if the person has an income credit for that fortnight under point 1067G - J4 and the person is not a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $10,000; or
(aa) if the person has an income credit for that fortnight under point 1067G - J4 and the person is a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $1,000; or
(b) if the person has, in respect of that fortnight, drawn from the person's income bank credit under point 1067G - J5--deduct from that balance the amount drawn, but not so as to reduce the balance below zero.
The result is the person's income bank credit for the fortnight in question.
Method statement
Step 1. Work out the person's maximum basic rate using Module B below.
Step 1A. Work out the pension supplement amount (if any) using Module BA below.
Step 1B. Work out the energy supplement (if any) using Module BB below.
Step 2. Work out the amount a fortnight (if any) of pharmaceutical allowance using Module C below.
Step 2A. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).
Step 3. Add up the amounts obtained in Steps 1, 1A, 1B, 2 and 2A: the result is the maximum payment rate .
Step 4. Apply the income test using Module D below to work out the person's income reduction.
Step 5. Take away the person's income reduction from the maximum payment rate: the result is the provisional fortnightly payment rate .
Note: If a person's rate is reduced under this step, the order in which the reduction is to be made is laid down by section 1210.
Step 6. The rate of payment is the amount obtained by:
(a) subtracting from the provisional fortnightly payment rate any special employment advance deduction (see Part 3.16B); and
(b) if there is any amount remaining, subtracting from that amount any advance payment deduction (see Part 3.16A); and
(c) adding any amount payable by way of remote area allowance (see Module F).
Method statement
Step 1. Work out the amount of the person's ordinary income on a fortnightly basis (where appropriate, taking into account the matters provided for in points 1067L - D2 to 1067L - D24).
Step 2. If the person is a member of a couple, work out the partner income free area using point 1067L - D25.
Note: The partner income free area is the maximum amount of ordinary income the person's partner can have without affecting the person's benefit.
Step 3. Use point 1067L - D26 to work out the person's partner income excess. (If there is no partner income excess under that point, the person's partner income excess is taken to be nil.)
Step 4. Use the person's partner income excess to work out the person's partner income reduction using point 1067L - D27.
Step 5. Use point 1067L - D29 to work out the person's ordinary income excess. (If there is no ordinary income excess under that point, the person's ordinary income excess is taken to be nil.)
Step 6. Use the person's ordinary income excess to work out the person's ordinary income reduction using points 1067L - D30, 1067L - D31 and 1067L - D32.
Step 7. Add the person's partner income reduction and ordinary income reduction: the result is the person's income reduction referred to in Step 4 of the Method statement in point 1067L - A1.
Method statement
Step 1. Assume that the person's income bank credit, at the time this Module starts applying to the person, is an opening balance of zero.
Step 2. If, for the person's first income bank fortnight, the person has an income credit under point 1067L - E3, add it to the opening balance.
Step 3. For each subsequent income bank fortnight of the person, up to but not including the fortnight in question, either:
(a) if the person has an income credit for that fortnight under point 1067L - E3 and the person is not a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $10,000; or
(aa) if the person has an income credit for that fortnight under point 1067L - E3 and the person is a new apprentice--add it to the balance of the person's income bank credit in respect of all the previous fortnights, but not so as to increase the balance beyond $1,000; or
(b) if the person has, in respect of that fortnight, drawn from the person's income bank credit under point 1067L - E4--deduct from that balance the amount drawn, but not so as to reduce the balance below zero.
The result is the person's income bank credit for the fortnight in question.
No. 46, 1991
Compilation No. 218
Compilation date: 29 March 2024
Includes amendments: Act No. 100, 2023
Registered: 8 April 2024
This compilation is in 5 volumes
Volume 2: sections 665A- 1067L
Schedule 1A
Volume 4: Endnotes 1-4
Volume 5: Endnote 5
Each volume has its own contents
This compilation
This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 29 March 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Chapter 3--General provisions relating to payability and rates
Part 3.6--Benefit Rate Calculator B
1068 Rate of jobseeker payment
Module A--Overall rate calculation process
Module D--Pharmaceutical allowance
Module J--Remote area allowance
Part 3.6A--Parenting Payment Rate Calculator
1068A Rate of parenting payment--pension PP (single)
Pension PP (Single) Rate Calculator
Module A--Overall rate calculation process
Module C--Pharmaceutical allowance
Module E--Ordinary income test
Module F--Remote area allowance
1068B Rate of parenting payment--PP (partnered)
Benefit PP (Partnered) Rate Calculator
Module A--Overall rate calculation process
Module E--Pharmaceutical allowance
Module G--Remote area allowance
Division 1--Operation of this Part
Division 2--Qualification for rent assistance
1070B Qualification--general rule
1070C Common requirements (about aged care residence, home ownership and rent)
1070D Specific requirement (carer payments and certain age and disability support pensions)
1070E Specific requirement (certain parenting payments)
1070F Specific requirement (certain disability support pensions)
1070G Specific requirement (youth allowance)
1070H Specific requirement (austudy payment and jobseeker payment)
1070J Specific requirement (certain parenting payments)
Division 3--Rate of rent assistance
1070K Rate depends on social security payment and family situation
1070L Rate for carer payments and certain age and disability support pensions
1070M Rate for certain parenting payments
1070N Rate for disability support pension (person aged under 18)
1070P Rate for disability support pension (person aged between 18 and 21)
1070Q Rate for youth allowance, austudy payment and jobseeker payment
1070R Rate for certain parenting payments
Division 4--Certain concepts used in this Part
1070S Division has effect for purposes of Part
1070T Rent threshold amount
1070U Fortnightly rent
1070V Rent paid by a member of certain couples
1070W Partner with a rent increased pension
1070X Partner with a rent increased benefit
Part 3.9--Seniors Health Card Income Test Calculator
1071 Seniors Health Card Income Test Calculator
Seniors Health Card Income Test Calculator
Part 3.9A--Health Care Card Income Test Calculator
1071A Health care card income test
Health Care Card Income Test Calculator
Part 3.10--General provisions relating to the ordinary income test
Division 1--Ordinary income concept and treatment of certain income amounts
1072 General meaning of ordinary income
1072A Treatment of certain lump sum payments
1073 Certain amounts taken to be received over 12 months
1073AA Work bonus
1073AAA Meaning of gainful work
1073AB Unused concession balance
Division 1AA--Employment income attribution rules
1073A Attribution of employment income paid in respect of a particular period or periods
1073B Attribution of employment income paid monthly
1073BA Attribution of employment income paid not in respect of a particular period
1073BC Exclusion of certain payments
1073BD Daily attribution of employment income for amounts not elsewhere covered in this Division
1073C Fortnightly or yearly expression of attributed employment income
Division 1AB--Working credit accrual and depletion rules and their consequences
1073D To whom do working credit accrual and depletion rules apply?
1073F Working out accruals and depletions of working credit for social security beneficiaries
1073G Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary
1073H Working out accruals and depletions of working credit for social security pensioners
1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner
1073J Working credit balance prevents loss of qualification in certain cases
Division 1A--Business income
1074 Ordinary income from a business--treatment of trading stock
1075 Permissible reductions of business income
Division 1B--Income from financial assets (including income streams (short term) and certain income streams (long term))
1076 Deemed income from financial assets--persons other than members of couples
1077 Deemed income from financial assets--members of pensioner couples
1078 Deemed income from financial assets--members of non - pensioner couples
1082 Below threshold rate, above threshold rate
1083 Actual return on financial assets not treated as ordinary income
1084 Certain money and financial investments not taken into account
1084A Valuation and revaluation of certain financial investments
Division 1C--Income from income streams not covered by Division 1B
Subdivision B--Income streams that are not family law affected income streams
1098 Income from asset - test exempt income stream
1099 Income--income stream not a defined benefit income stream
1099A Income--income stream is a defined benefit income stream
1099AA Income from market - linked asset - test exempt income stream
1099B Income from asset - tested income stream (long term)
1099C Income--asset - tested income stream (long term) that is not a defined benefit income stream
1099D Income--asset - tested income stream (long term) that is a defined benefit income stream
1099DAA Income from certain low - payment asset - tested income streams
1099DAB Income--asset - tested income stream (lifetime)
Subdivision C--Family law affected income streams
1099DB Income from asset - test exempt income streams
1099DC Income from asset - tested income stream (long term)
1099DCA Income from asset - tested income stream (lifetime)
1099DD Decision - making principles
Division 1D--Aged care accommodation bonds: certain transactions before 6 November 1997
1099F Exempt bond amount does not count as income
1099G Person's ordinary income reduced using financial asset rules
1099H Meaning of exempt bond amount
Division 1E--Refunds to charge exempt residents
1099K Refunded amount does not count as income
1099L Person's ordinary income reduced using financial asset rules
Division 2--Conversion of foreign currency amounts
1100 How value of a payment received in a foreign currency is to be determined
1100A Determining value of a payment originally denominated in a foreign currency but made in Australian currency
Division 3--Disposal of ordinary income
1106 Disposal of ordinary income
1108 Disposal of ordinary income--individuals
1109 Disposal of ordinary income--members of couples
1111 Dispositions more than 5 years old to be disregarded
Part 3.12--General provisions relating to the assets test
Division 1--Value of person's assets
1118 Certain assets to be disregarded in calculating the value of a person's assets
1118A Value of superannuation investments determined by Minister to be disregarded
1118AA Value of assets reduced by amounts received from Mark Fitzpatrick Trust
1118AB Value of person's assets reduced: certain transactions to do with aged care accommodation bonds
1118AC Value of person's assets reduced: refunds to charge exempt residents
1119 Value of asset - tested income streams that are not defined benefit income streams, asset - tested income streams (lifetime) or family law affected income streams
1120 Value of asset - tested income streams that are defined benefit income streams
1120AA Value of asset - tested income streams (lifetime) that are managed investments
1120AB Value of asset - tested income streams (lifetime) that are not managed investments
1120A Value of asset - tested FLA income streams
1120B Value of partially asset - test exempt income streams
1120C Value of superannuation reserves for superannuation funds of 4 members or less
1121 Effect of charge or encumbrance on value of assets
1121A Effect of certain liabilities on value of assets used in primary production
Division 2--Disposal of assets
1124 Amount of disposal or disposition
1124A Disposal of assets in pre - pension years--individuals
1125 Disposal of assets in pension years--individuals
1125A Disposal of assets in pre - pension years--members of couples
1126 Disposal of assets in pension years--members of couples
1126AA Disposal of assets in income year--individuals
1126AB Disposals of assets in 5 year period--individuals
1126AC Disposal of assets in income year--members of couples
1126AD Disposal of assets in 5 year period--members of couples
1126A Disposal of assets in pre - pension year--family members
1126B Disposal of assets in pension year--family members
1126C Disposal of assets in income year--family members
1126D Disposals of assets in 5 year period--family members
1126E Modification of this Division in respect of certain assets
1127 Disposition more than 5 years old to be disregarded
1127A Division does not apply for purposes of care receiver assets test
Division 3--Financial hardship
1129 Access to financial hardship rules--pensions
1130 Application of financial hardship rules--pensions
1130A Division does not apply for purposes of care receiver assets test
1130B Access to financial hardship rules--pension PP (single)
1130C Application of financial hardship rules--pension PP (single)
1131 Access to financial hardship rules--benefits
1132 Application of financial hardship rules--benefits
Division 4--Pension loans scheme
1133AA Pension loans scheme definitions
1133 Qualification for participation in pension loans scheme
1134 Effect of participation in pension loans scheme--pension rate
1134A Pension loans scheme advance payment
1135 Effect of participation in pension loans scheme--creation of debt
1135A Effect of participation in pension loans scheme--maximum loan available
1136 Need for a request to participate
1137 Need for a request to later nominate or change nominated amount or rate of pension
1137AA Need for a request for a pension loans scheme advance payment
1137A Non - receipt of social security pension or social security payment
1138 Existence of debt results in charge over real assets
1139 Debt not to be recovered until after death
1141 Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
1141A Secretary may cease person's participation in pension loans scheme
1142 Person withdraws from pension loans scheme
1142A Repayment or recovery of debt after pension loans scheme ceases to operate
1144 Manner of enforcement of charge
1144AA No negative equity guarantee
1144A Division does not apply for purposes of care receiver assets test
Division 5--Provisions relating to special residences and special residents
1145A Application of Division to granny flat residents
1146 Basis for different treatment
1149 Renegotiation of retirement village agreement
Subdivision B--Residents who are not members of a couple
1150 Residents who are not members of a couple
Subdivision C--Residents who are members of couple and share principal home
Subdivision D--Residents who are members of illness separated couple
1152 Members of illness separated couples (both in special residences)
1153 Members of illness separated couples (partner not in special residence and partner homeowner)
1154 Members of illness separated couples (partner not in special residence and partner not homeowner)
Subdivision E--Residents who are members of ordinary couple with different principal homes
1155 Members of ordinary couple with different principal homes (both in special residences)
1156 Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)
1157 Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
Part 3.12A--Provisions for carer allowance and seniors health card income test
Division 1--Purpose of this Part
Division 2--Benefits that may be assessable fringe benefits
1157B Benefits received in or outside Australia
1157F Health insurance benefits
1157J Exempt housing benefits--live - in residential care workers
1157JC Financial investment benefit
Division 3--Value of car fringe benefits
1157K Method of valuing car fringe benefits
1157L Value of car fringe benefits
1157M Minister may determine alternative method of valuing car fringe benefits
Division 4--Value of school fees fringe benefits
1157N Value of school fees fringe benefits
Division 5--Value of health insurance fringe benefits
1157O Value of health insurance fringe benefits
Division 6--Value of loan fringe benefits
1157P Method of valuing loan fringe benefits
1157Q Value of loan fringe benefits
1157R Minister may determine alternative method of valuing loan fringe benefits
Division 7--Value of housing fringe benefits
Subdivision A--Grants of housing rights
1157S Methods of valuing housing fringe benefits--grants of housing rights
1157T Value of grants of housing rights--general
1157TA Value of grants of housing rights--employees of the Defence Force
Subdivision B--Payments associated with loans
1157TB Method of valuing housing fringe benefits--payments associated with loans
1157TC Value of payments associated with loans
Subdivision C--Payments associated with enjoying housing rights
1157TD Methods of valuing housing fringe benefits--payments associated with enjoying housing rights
1157TE Value of payments associated with enjoying housing rights--general
1157TF Value of payments associated with enjoying housing rights--employees of the Defence Force
Subdivision D--Alternative methods of valuing housing fringe benefits
1157U Minister may determine alternative method of valuing housing fringe benefits
Division 8--Value of expense fringe benefit
1157UA Value of expense fringe benefits
Division 9--Value of financial investment fringe benefit
1157UB Value of financial investment fringe benefit
Division 10--Foreign currency rates
1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge
1159 Payment may be redirected to dependent partner or child
1159A Person not qualified for some concession cards when in gaol or in psychiatric confinement following criminal charge
Part 3.14--Compensation recovery
1161A Application of Part to supplementary compensation affected payments
1164 Certain lump sums to be treated as though they were received as periodic compensation payments
1165 Effect of certain State and Territory laws
Division 2--Enforcement of compensation rights
1166 Secretary may require person to take action to obtain compensation
1167 Failure to comply with a requirement to take action to obtain compensation
Division 3--Receipt of compensation
1169 Compensation affected payment not payable during lump sum preclusion period
1170 Lump sum preclusion period
1171 Deemed lump sum payment arising from separate payments
1172 Lump sum compensation not counted as ordinary income
1173 Effect of periodic compensation payments on rate of person's compensation affected payment
1174 Effect of periodic compensation payments on rate of partner's compensation affected payment
1175 Rate reduction under both income/assets test and this Part
1176 Periodic compensation not counted as ordinary income
Division 4--Recoverable amounts
Subdivision B--Recovery from recipient of compensation affected payment
1178 Repayment of amount where both lump sum and payments of compensation affected payment have been received
1179 The section 1178 recoverable amount
1180 Repayment where both periodic compensation payments and payments of compensation affected payment have been received
1181 The section 1180 recoverable amount
Subdivision C--Recovery from compensation payers and insurers
1182 Secretary may send preliminary notice to potential compensation payer or insurer
1183 Potential compensation payer or insurer must notify Secretary of liability
1184 Secretary may send recovery notice to compensation payer or insurer
1184A The section 1184 recoverable amount
1184B Preliminary notice or recovery notice suspends liability to pay compensation
1184C Compensation payer's or insurer's payment to Commonwealth discharges liability to compensation claimant
1184D Offence to make compensation payment after receiving preliminary notice or recovery notice
1184E Liability of compensation payer or insurer to pay the Commonwealth if there is a contravention of section 1184D
1184F Debts resulting from notices under section 1178 or 1180
1184G Debts resulting from notices under section 1184
1184H Debts resulting from contravention of section 1184D
1184I Compensation arrears debts
1184J Secretary may give recovery notice either to compensation payer or to insurer but not to both
1184K Secretary may disregard some payments
1184L Application to review compensation decision--disability support pension
Part 3.15--Self - employment programs
1187 Reduction in rate of payments under this Act if recipient or partner also receiving payments under a self - employment program
1188 Rate reduction under this Part
Part 3.16--Indexation and adjustment of amounts
1190 Indexed and adjusted amounts
1194 Rounding off indexed amounts
1195 Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
Division 3--Social security pension indexation using Pensioner and Beneficiary Living Cost Index
1196 Social security pension indexation using Pensioner and Beneficiary Living Cost Index
1197 Living cost indexation factor
Division 4--Adjustment of other rates
1198A Adjustment of single pension rate MBR amounts
1198B Adjustment of disability support pension (under 21) MBRs
1198C Adjustment of youth disability supplement
1203 Adjustment of pension "single non - homeowner" AVL
1204 Adjustment of benefit AVLs
1205 Adjustment of special illness separated special resident AVL
1206A Adjustment of certain pharmaceutical allowance rates
1206B Adjustment of certain telephone allowance rates
Part 3.16A--Advance payment deductions
1206H Advance payment deduction
1206J Amount of advance payment deduction--basic calculation
1206K Person may request larger advance payment deduction
1206L Reduction of advance payment deduction in cases of severe financial hardship
1206M The final advance payment deduction
1206N Provisional payment rate insufficient to cover advance payment deduction
Part 3.16B--Special employment advance deductions
1206Q Special employment advance deduction
1206R Amount of special employment advance deduction--basic calculation
1206S Person may request larger special employment advance deduction
1206T Reduction of special employment advance deduction in cases of severe financial hardship
1206U The final special employment advance deduction
1206V Provisional payment rate insufficient to cover special employment advance deduction
Part 3.18--Means test treatment of private companies and private trusts
1207A Definitions
1207B Relatives
1207C Associates
1207D When a company is sufficiently influenced by an entity
1207E Majority voting interest in a company
1207G Transfer of property or services
1207H Constructive transfers of property or services to an entity
1207J Active involvement with a primary production enterprise
1207K Power to veto decisions of a trustee
1207L Extra - territorial operation
1207M Application to things happening before commencement
Division 2--Designated private companies
1207N Designated private companies
Division 3--Designated private trusts
1207P Designated private trusts
Division 4--Controlled private companies
1207Q Controlled private companies
1207R Direct voting interest in a company
1207S Voting power
1207T Direct control interest in a company
1207U Interest in a share
Division 5--Controlled private trusts
1207V Controlled private trusts
1207W Interest in a trust
Division 6--Attributable stakeholders and attribution percentages
1207X Attributable stakeholder, asset attribution percentage and income attribution percentage
Division 7--Attribution of income of controlled private companies and controlled private trusts
1207Y Attribution of income
1207Z No double counting of attributed income
1208 Ordinary income of a company or trust
1208A Ordinary income from a business--treatment of trading stock
1208B Permissible reductions of business and investment income
1208C Derivation periods
1208D Attribution periods
Division 8--Attribution of assets of controlled private companies and controlled private trusts
1208F When attributed asset is unrealisable
1208G Effect of charge or encumbrance on value of assets
1208H Effect of unsecured loan on value of assets
1208J Value of company's or trust's assets etc.
Division 9--Modification of asset deprivation rules
1208K Individual disposes of asset to company or trust
1208L Disposal of asset by company or trust
1208M Individual ceases to be an attributable stakeholder of a company or trust
1208N Individual disposes of asset to company or trust before 1 January 2002--individual is attributable stakeholder
1208P Individual disposes of asset to company or trust before 1 January 2002--individual's spouse is attributable stakeholder
Division 10--Modification of income deprivation rules
1208Q Individual disposes of ordinary income to company or trust
1208R Disposal of income by company or trust
1208S Individual disposes of income to company or trust before 1 January 2002--individual is attributable stakeholder
1208T Individual disposes of income to company or trust before 1 January 2002--individual's spouse is attributable stakeholder
Division 11--Concessional primary production trusts
1208U Concessional primary production trusts
1208V Individual ceases to be an attributable stakeholder of trust--receipt of remuneration or other benefits from trust during asset deprivation period
1208X Value of entity's assets
1208Y When asset is controlled by an individual
1208Z Adjusted net value of asset
1209 Adjusted net primary production income
1209A Net income of a primary production enterprise
1209B Net income from a primary production enterprise--treatment of trading stock
1209C Permissible reductions of income from carrying on a primary production enterprise
Division 13--Decision - making principles
1209E Decision - making principles
Division 14--Information management
1209G Information - gathering powers
1209H Secretary may obtain tax information
1209J Disclosure of tax information
1209K Disclosure of tax file number information
Part 3.18A--Private financial provision for certain people with disabilities
Division 1--Special disability trusts
1209L What is a special disability trust ?
1209M Beneficiary requirements
1209N Trust purpose requirements
1209P Trust deed requirements
1209Q Trustee requirements
1209R Trust property requirements
1209RA Trust expenditure requirements
1209U Waiver of contravention of this Division
Division 2--Income of special disability trusts
1209V Attribution of income
1209X Income amounts from special disability trusts
Division 3--Assets of special disability trusts
Division 4--Transfers to special disability trusts
1209Z Effect of certain transfers to special disability trusts
1209ZA The effect of exceeding the $500,000 limit
1209ZB Transfers by the immediate family members prior to reaching pension age etc.
1209ZC Transfers by principal beneficiaries or partners
1209ZD Cessation of special disability trusts
1209ZE Effect of this Division
1210 Application of income and assets test reductions and of compensation reductions for income tax purposes
1210A Effect of nil rate of pension etc.
Chapter 4--International agreements and portability
Part 4.2--Overseas portability
1211 Social Security (International Agreements) Act overrides Part
1212 Meaning of terms used in this Part
1212A Meaning of acute family crisis
1212B Meaning of humanitarian purpose
1212C Meaning of temporary absence
1212D Part does not affect need for qualification
Division 2--Portability of social security payments
Subdivision A--Basic portability provisions
1213 Persons to whom Division applies
1214 Some payments generally portable with no time limit
1215 Some payments generally portable with time limit
1217 Meaning of maximum portability period , allowable absence and portability period
Subdivision B--Exceptions to Subdivision A rules
1218AAA Unlimited portability period for disability support pension--severely impaired disability support pensioner
1218AA Unlimited portability period for disability support pension--terminally ill overseas disability support pensioner
1218AB Extended portability period for disability support pension
1218 Exception--full - time students outside Australia for purposes of Australian course
1218A Exception--Reserve service
1218B Exception--waiting period in Australia before parenting payment is portable
1218BA Exception--new apprentices
1218C Extension of person's portability period--general
1218D Extension of person's portability period--life - saving medical treatment overseas
1220 No portability where claim based on short residence
Division 3--Rate of portable pensions
1220A Proportionality--age pension rate
1220B Proportionality--disability support pension rate for a severely disabled person
1221 Pension Portability Rate Calculator
Pension Portability Rate Calculator
Module A--Overall rate calculation process
Module B--Australian working life residence
Chapter 5--Overpayments and debt recovery
1222 General effect of Chapter
Part 5.2--Amounts recoverable under this Act
1222A Debts due to the Commonwealth
1223 Debts arising from lack of qualification, overpayment etc.
1223A Debt resulting from commutation of asset - test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)
1223AA Debts arising from prepayments and certain other payments
1223AB Debts arising from AAT stay orders
1223ABAA Debts arising in respect of one - off payments to older Australians
1223ABA Debts arising in respect of one - off payments to carers
1223ABAAA Debts arising in respect of economic security strategy payments
1223ABAAB Debts arising in respect of training and learning bonuses etc.
1223ABB Debts in respect of child disability assistance
1223ABC Debts in respect of carer supplement for 2009
1223ABD Debts in respect of carer supplement for 2010 and later years
1223ABE Debts in respect of relocation scholarship payments
1223ABF Debts in respect of student start - up loans
1223ABG Debts in respect of one - off energy assistance payments
1223ABH Debts in respect of 2019 one - off energy assistance payments
1223ABI Debts in respect of first 2020 economic support payments
1223ABJ Debts in respect of second 2020 economic support payments
1223ABK Debts in respect of additional economic support payment 2020
1223ABL Debts in respect of additional economic support payment 2021
1223ABM Debts in respect of 2022 cost of living payment
1224 Debts relating to clean energy advances
1224A Debts relating to essential medical equipment payments
1224AA Person other than payee obtaining payment of a cheque
1224AB Joint and several liability for persons involved in contravention of Act
1224B Education entry payment debt
1224C Data - matching Program (Assistance and Tax) Acts debts
1224D Mobility allowance advance debts
1224E Debts arising from advance payments of social security entitlements
1224EA Debts arising from special employment advances of special employment advance qualifying entitlements
1227 Assurance of support debt
1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998
1228 Overpayments arising under other Acts and schemes
1228A Comparable foreign payment debt recovery
1228B Additional 10% penalty for understatement etc. of income
1229 Notices in respect of debt
1229A Interest charge--no repayment arrangement in effect
1229B Interest charge--failure to comply with or termination of repayment arrangement
1229C Other rules for interest charge
1229D What is the interest charge rate ?
1229E Exemption from interest charge--general
1229F Exemption from interest charge--Secretary's determination
1229G Guidelines on interest charge provisions
1230 Debt from failure to comply with garnishee notice
1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act
1230B Overseas application of provisions
1230C Methods of recovery of debt
1231AA Application of sections dealing with deductions
1231 Deductions from debtor's pension, benefit or allowance
1234 Arrangement for payment of debt
1234AA Recovery of amounts from financial institutions
1234A Deductions by consent from social security payment of person who is not a debtor
1234B No time limit on debt recovery action
Part 5.4--Non - recovery of debts
1236 Secretary may write off debt
1237 Power to waive Commonwealth's right to recover debt
1237A Waiver of debt arising from error
1237AA Waiver of debt relating to an offence
1237AAB Waiver in relation to settlements
1237AAC Waiver where debtor or debtor's partner would have been entitled to an allowance
1237AAD Waiver in special circumstances
1237AAE Extra rules for waiver of assurance of support debts
1237AB Secretary may waive debts of a particular class
Part 5.5--Departure prohibition orders
Division 1--Secretary may make departure prohibition orders
1240 Secretary may make departure prohibition orders
Division 2--Departure from Australia of debtors prohibited
1241 Departure from Australia of debtors prohibited
Division 3--Other rules for departure prohibition orders
1242 Notification requirements for departure prohibition orders
1243 Operation of departure prohibition order
1244 Revocation and variation of departure prohibition orders
1245 Notification requirements for revocations and variations
Division 4--Departure authorisation certificates
1246 Application for departure authorisation certificate
1247 When Secretary must issue departure authorisation certificate
1248 Security for person's return to Australia
1249 What departure authorisation certificate must authorise
1250 Notification requirements for departure authorisation certificates
1251 Notification requirements for substituted days
Division 5--Appeals and review in relation to departure prohibition orders and departure authorisation certificates
1252 Appeals to courts against making of departure prohibition orders
1254 Orders of court on appeal
1256 Powers of officers of Customs and members of the Australian Federal Police
1257 Privilege against self - incrimination
1258 Production of authority to depart
1259 Interpretation--departure from Australia for foreign country
Chapter 6--Modification of social security law
1261 Simplified outline of this Chapter
1262 Minister may determine modifications of social security law
1263 Period that determination is in force and variation and revocation
Schedule 1A--Savings and transitional provisions
1 Correspondence of pensions, benefits and allowances
2 Correspondence of provisions
2A References in other Acts and instruments to provisions of the 1947 Act
Part 2--Savings and Transitional Provisions Applicable on the Transition from the 1947 Act to this Act
Division 4--Continuation of earlier savings provisions
28 Rent assistance--retirement village residents (changes introduced on 13 June 1989)
Part 3--Saving and Transitional Provisions Applicable after the Commencement of this Act
36 Incentive allowance (changes introduced on 12 November 1991)
63 Rent assistance (changes introduced on 20 March 1993)
74 Partner allowance for persons born on or before 1 July 1955 (changes made on 1 July 1995)
86 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme
88 Saving: Determinations under repealed sections 1099E and 1099L
96A Application of revised Schedule 1B
103 Application provision: income maintenance periods
105 Application and saving provisions: debts due to the Commonwealth and their recovery
105A Parenting payment (changes introduced 20 March 1998)
115 Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997
126 Application and transitional provisions relating to fares allowance
128 Saving provision--portability rules relating to rates of pension
128A Saving of certain pensions payable under 1986 Agreement between Australia and Italy
130 Saving provision--other portability rules
131 Certain payments not recoverable
132 Saving--ABSTUDY recipients
133 Meaning of Australian resident
134 Transitional and saving provisions--substitution of Part 3.14
135 Unlimited maximum portability period for disability support pension
136 Transitional definition of deductible amount (commencing 1 July 2007)
138 Application--subsections 198AA(1) and (3)
139 Application--subsection 955(2)
139B Application--sections 198AAA and 198AB
139C Application--subsections 731J(2) and (6)
139D Saving--principal beneficiary of a special disability trust
140 Person whose carer payment was cancelled on or after 1 July 2008 and before 1 July 2010
141 Saving--profoundly disabled child and disabled child
142 Person whose special benefit was cancelled on or after 1 July 2008 and before 1 July 2010
143 Saving--profoundly disabled child and disabled child
144 Saving and transitional provisions for section 93H
145 Saving provision for income test taper rate for disability support pensioners under 21 without dependent children
146 Transitional provision for rates of certain social security pensions on and after 20 September 2009
147 Amounts for subparagraph 146(4)(a)(i)
148 Rate of social security payments to partners of persons affected by clause 146
149 Payment and income tax consequences of receiving social security pension at rate affected by clause 146
150 Persons exempt from requirement to be Australian residents to qualify for disability support pension