Social Security Act 1991

The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if:

the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and

the rate determination takes effect on a day that is not more than 13 weeks after the start day for the person’s pension bonus; and

the rate determination is made because of a reduction since the start day in either or both of the following:

the value of the person’s assets;

the person’s ordinary income.

Any reduction in the value of a person’s assets or the person’s income will be determined by applying the assets test and the ordinary income test in Pension Rate Calculator A in Part 3.2 (including because of the operation of Pension Rate Calculator B in Part 3.3).

The person’s pension bonus is increased by the difference between:

the person’s amount of pension bonus on the start day; and

the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the highest rate at which age pension was payable to the person during the 13 weeks after the start day.

A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

A top up determination is not a legislative instrument.