59TA

Effect of periodic compensation payments on rate of partner’s compensation affected pension

Current

(1)

If:

(a)

a person receives periodic compensation payments; and

(b)

the person is a member of a couple; and

(c)

the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving a compensation affected pension; and

(d)

the person is eligible for a compensation affected pension for a day or days in the periodic payments period but, solely because of the operation of this Part, does not, or would not, receive the pension; and

(e)

the person’s partner is eligible for a compensation affected pension, or is qualified for a compensation affected payment under the Social Security Act, for a day or days in the periodic payments period;

then, in working out the amount of the pension or payment referred to in paragraph (e), the amount (if any) by which the daily rate of periodic compensation payable to the person exceeds the daily rate of the compensation affected pension for which the person is eligible for a day or days in the periodic payments period is to be treated as ordinary income of the person’s partner.

Note 1:

See also point SCH6‑E3A for the effect of that excess on the application of the ordinary/adjusted income test.

Note 2:

For periodic compensation payments, compensation affected pension and periodic payments period, see subsection 5NB(1).

Note 3:

For ordinary income, see subsection 5H(1).

(2)

The reference in subsection (1) to a daily rate of periodic compensation is a reference to the amount worked out by dividing the total amount of the periodic compensation payments referred to in paragraph (1)(a) by the number of days in the periodic payments period.

This Act’s bill:Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.