Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 (Incorporating amendments up to Act No. 122 of 2003) (35 of 2003)

Schedule 6   Working credit

Part 3   Amendment of the Social Security (Administration) Act 1999

Social Security (Administration) Act 1999

60   After subsection 118(6)

Insert:

(6A) If:

(a) a person and his or her partner (the partner ) are each receiving a social security payment; and

(b) the partner has not reached pension age; and

(c) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and

(d) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and

(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and

(f) following the giving of the statement, an adverse determination is made in relation to the person's social security payment; and

(g) the determination is made because the partner earns, derives or receives, or is taken to earn, derive or receive, employment income in the instalment period;

the determination takes effect on:

(h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner's working credit balance or student income bank balance to nil - the day on which the balance was so reduced; and

(i) if the determination is attributable to the partner's having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period - the first day of the instalment period on which the opening balance was nil; and

(j) in any other case - the first day of the instalment period.

(6B) If:

(a) a person and his or her partner (the partner ) are each receiving a social security payment; and

(b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and

(c) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and

(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and

(e) the partner's student income bank balance is reduced to nil during the instalment period; and

(f) following the giving of the statement, an adverse determination is made in relation to the person's social security payment; and

(g) the determination is made because, in the instalment period, either:

(i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or

(ii) the partner has reached pension age and earns, derives or receives, or is taken to earn, derive or receive, employment income;

the determination takes effect on:

(h) if the determination is attributable to the reduction of the partner's student income bank balance to nil - the day on which the balance was so reduced; and

(i) if the determination is attributable to the partner's having a student income bank balance that has already been reduced to nil during the instalment period - the first day in the instalment period on which the partner's opening balance was nil.