Social Security Act 1991

The Minister may by legislative instrument determine that persons:

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

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);

This subsection covers a person’s circumstances changing in a way such that:

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

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.

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.

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

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

is made under:

section 918; or

section 424L of the MRCA; or

section 65A of the Veterans’ Entitlements Act;

An instrument under subsection (1) may provide for:

different periods for changes in circumstances depending on different changes in circumstances; and

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