Social Security Act 1991

This section applies in relation to Division 3 work income of a person earned, derived or received before 1 July 2014.

After the validation time, the Division 3 work income is to be treated in accordance with this section for the purposes of the following legislation (the relevant legislation):

the Farm Household Support Act 1992 as previously in force;

the social security law as it relates to former farm household support;

the Student Assistance Act 1973 as it relates to former farm household support.

To avoid doubt, this section applies in relation to treatment of Division 3 work income whether in connection with a decision or review of a decision (including review under the relevant legislation or review by the ART).

If the FHS entitlement period in which the Division 3 work income was earned can be identified from the information held by the person applying this Division in connection with a decision or review of a decision, treat the Division 3 work income as if it had been first earned, derived or received as an amount equal to the relevant amount on each day in the FHS entitlement period.

For the purposes of subsection (4), the relevant amount is worked out by dividing the amount of the Division 3 work income by the number of days in the FHS entitlement period.

If:

subsection (4) does not apply; and

the payroll period to which the Division 3 work income relates can be identified from the information held by the person applying this Division in connection with a decision or review of a decision;

For the purposes of subsection (6), the daily amount for a FHS entitlement period is worked out in accordance with the FHS income apportionment method statement.

If subsections (4) and (6) do not apply, treat the Division 3 work income as if it had been first earned, derived or received as an amount equal to the relevant amount on each day in the FHS entitlement period in which the person receives the Division 3 work income.

For the purposes of subsection (8), the relevant amount is worked out by dividing the amount of the Division 3 work income by the number of days in the FHS entitlement period.

If, in accordance with the operation of this section, a person is taken to receive a particular amount of Division 3 work income on each day in an FHS entitlement period:

the rate of the person’s Division 3 work income on a fortnightly basis for that day may be worked out by multiplying that amount by 14; and

the rate of the person’s Division 3 work income on a yearly basis for that day may be worked out by multiplying that amount by 364.

This section applies subject to Division 2.

If, disregarding this section:

a provision of the relevant legislation required the Division 3 work income to be taken into account in the fortnight in which it is first earned, derived or received; and

that requirement was subject to another provision of the relevant legislation;

Apart from subsections (11) and (12), this section applies despite:

any other provision of the relevant legislation; and

any other law of the Commonwealth.