Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1070H

Specific requirement (austudy payment, mature age allowance under Part 2.12B, jobseeker payment, partner allowance, sickness allowance or widow allowance)

             (1)  If the rate of the person's social security payment is to be calculated in accordance with the Austudy Payment Rate Calculator or Benefit Rate Calculator B, the specific requirement applicable to the social security payment is that set out in subsection (2).

             (2)  The specific requirement is that:

                     (a)  if the person:

                              (i)  is not a member of a couple; and

                             (ii)  is not living away from the principal home of a parent permanently or indefinitely;

                            the person has turned 25; and

                     (b)  the person does not have a partner with a rent increased pension; and

                     (c)  if:

                              (i)  the person is not a member of a couple, or is a member of an illness separated couple, a respite care couple or a temporarily separated couple; and

                             (ii)  the person is entitled to be paid family tax benefit;

                            either of the following is satisfied:

                            (iii)  the person's maximum Part A rate of family tax benefit does not include rent assistance;

                            (iv)  the person's maximum Part A rate of family tax benefit includes rent assistance and clause 38J of Schedule 1 to the Family Assistance Act applies to reduce the person's Part A rate of family tax benefit; and

                     (d)  if:

                              (i)  the person is a member of a couple, other than an illness separated couple, a respite care couple or a temporarily separated couple; and

                             (ii)  the person, or the person's partner, is entitled to be paid family tax benefit;

                            either of the following is satisfied:

                            (iii)  the person's, or the person's partner's, maximum Part A rate of family tax benefit does not include rent assistance;

                            (iv)  the person's, or the person's partner's, maximum Part A rate of family tax benefit includes rent assistance but clause 38J or 38K of Schedule 1 to the Family Assistance Act applies to reduce the person's, or the person's partner's, Part A rate of family tax benefit.

             (3)  For the purposes of subparagraph (2)(a)(ii), a step-parent or guardian is taken to be a parent.



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