Automatic rate reduction—recipient complying with subsection 68(2) notice
99 Automatic rate reduction—recipient complying with subsection 68(2) notice
Subject to subsection (2), if:
a person who is receiving a social security payment is given a notice under subsection 68(2); and
the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
the event or change of circumstances occurs; and
the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; and
the person’s rate of payment is not reduced before the end of the instalment period for the person that is current when the event or change of circumstances occurs;
the following paragraphs have effect:
if the person’s rate of payment is reduced during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment becomes payable to the person at the reduced rate immediately after the end of the instalment period in which the event or change occurs;
if the person’s rate of payment is not reduced during the first period, the payment becomes payable to the person at the reduced rate immediately after the end of the notification period.
If:
a person who is receiving a social security payment is given a notice under subsection 68(2); and
the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
the event or change of circumstances occurs; and
the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and
either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced; and
the person’s rate of payment is not reduced before the end of the nil instalment period;
the social security payment becomes payable to the person at the reduced rate from the day immediately after the day determined in accordance with subsection (3).
For the purposes of subsection (2), the day immediately after which the social security payment becomes payable to the person at the reduced rate is:
if the rate reduction is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the rate is so reduced during the instalment period (the next instalment period) following the nil instalment period—the later of:
the day before the day on which the balance was reduced to nil; or
the end of the event instalment period; and
if the rate reduction is attributable to the balance having already been reduced to nil and the rate is so reduced during the next instalment period—the later of:
the day before the first day on which the opening balance was nil; or
the end of the event instalment period; and
if the rate reduction is attributable to the reduction of the balance to nil but the rate is not so reduced during the next instalment period—the later of:
the day before the day on which the balance was reduced to nil; or
the end of the notification period; and
if the rate reduction is attributable to the balance having already been reduced to nil but the rate is not so reduced during the next instalment period—the later of:
the day before the first day on which the opening balance is nil; or
the end of the notification period.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.