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SOCIAL SECURITY ACT 1991 - SECT 1073J

Working credit balance prevents loss of qualification in certain cases

             (1)  If:

                     (a)  a person receiving disability support pension, carer payment, youth allowance, newstart allowance or sickness allowance is a working credit participant; and

                     (b)  either:

                              (i)  the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

                             (ii)  there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

                     (c)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs; and

                     (d)  but for the commencement or increase, the participant would have continued to be qualified for the payment mentioned in paragraph (a) until the earlier of:

                              (i)  a day determined under Division 8 or 9 of Part 3 of the Administration Act; or

                             (ii)  the day on which the participant's working credit balance is reduced to nil;

the participant is to be treated as if he or she had continued to be so qualified until the earlier of the days determined as referred to in subparagraphs (d)(i) and (ii).

             (2)  If:

                     (a)  a woman receiving wife pension is a working credit participant; and

                     (b)  the partner of the participant ceases to receive age pension or disability support pension on and from a day (the cessation day ); and

                     (c)  the partner ceases to receive that pension:

                              (i)  because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and

                             (ii)  after any working credit balance of the partner is reduced to nil; and

                     (d)  as a result of the partner's so ceasing to receive that pension, the participant ceases to be qualified for wife pension on and from the cessation day; and

                     (e)  the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the cessation day occurs; and

                      (f)  but for the employment income, or combined income, referred to in paragraph (c), the participant would have continued to be qualified for wife pension until the earlier of:

                              (i)  a day determined under Division 8 or 9 of Part 3 of the Administration Act; or

                             (ii)  the day on which the participant's working credit balance is reduced to nil;

the participant is to be treated as if she had continued to be so qualified until the earlier of the days referred to in subparagraphs (f)(i) and (ii).



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