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Top-up payments of clean energy advance

             (1)  The Minister may by legislative instrument determine that persons:

                     (a)  who have been paid the amount (the original payment ) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (the original qualifying payment ); and

                     (b)  whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3);

qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance.

             (2)  This subsection covers a person's circumstances changing in a way such that:

                     (a)  on the day (the change day ) the change happens, the person was still receiving the original qualifying payment; and

                     (b)  had the amount of the original payment been worked out by reference to the person's circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount.

             (3)  This subsection covers a change in a person's circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment.

             (4)  For the purposes of subsection (3), a multiple qualification exclusion is an instrument that:

                     (a)  provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person's qualification for or receipt of the original payment or the original qualifying payment; and

                     (b)  is made under:

                              (i)  section 918; or

                             (ii)  section 424L of the MRCA; or

                            (iii)  section 65A of the Veterans' Entitlements Act;

                            or is an instrument establishing qualifications for a clean energy bonus under a scheme.

             (5)  An instrument under subsection (1) may provide for:

                     (a)  different periods for changes in circumstances depending on different changes in circumstances; and

                     (b)  different ways of working out further amounts of the original payment depending on different changes in circumstances.

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