Amounts added to rate
1216 Amounts added to rate
During the period of absence, rent assistance, incentive allowance and pharmaceutical allowance are not to be added to the person’s rate under Chapter 3 after whichever of the following times applies:
if the person’s maximum portability period for the payment is an unlimited period—26 weeks after the period of absence commenced;
otherwise—the end of the person’s portability period for the payment.
If:
the Secretary is satisfied that the person’s absence from Australia is temporary; and
the Secretary is satisfied that the person is unable to return to Australia before the end of the 26 weeks mentioned in paragraph (1)(a) because of an event referred to in subsection (3);
the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks.
The events are the following:
a serious accident involving the person or a family member of the person;
a serious illness of the person or a family member of the person;
the hospitalisation of the person or a family member of the person;
the death of a family member of the person;
the person’s involvement in custody proceedings in the country in which the person is located;
a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
robbery or serious crime committed against the person or a family member of the person;
a natural disaster in the country in which the person is located;
a public health crisis affecting Australia or the country in which the person is located or both;
political or social unrest in the country in which the person is located;
industrial action in the country in which the person is located;
a war in the country in which the person is located.
The Secretary must not make a determination under subsection (2) unless:
the event occurred or began during the period of absence; and
if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in, the event.
If the Secretary determines another number (the new number) of weeks under subsection (2), then, immediately after that determination is made, a reference to a number of weeks in paragraph (1)(a), and each reference to a number of weeks in subsection (2), is taken to be a reference to that new number.
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