Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 (45 of 2010)

Schedule 1   Weekly payments

Part 2   Social security

Division 1   Main amendment

Social Security (Administration) Act 1999

9   After subsection 43(3)

Insert:

Weekly payments of a social security periodic payment

(3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments ) if the person is a member of a class specified under subsection (3B).

(3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).

(3C) The first of the part payments:

(a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:

(i) are days on which the social security periodic payment was payable to the person; and

(ii) are included in the first 7 days of the instalment period; and

(b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.

(3D) The other of the part payments:

(a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and

(b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.

(3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that:

(a) a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and

(b) that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and

(c) that instalment is equal to the total of the part payments.

Note: The total of the part payments equals the amount worked out under subsection (3) (as affected by subsection (4), if relevant) as the amount to be paid to the person as the instalment of the social security periodic payment in relation to the instalment period.

(3F) However, the following provisions of this Act (about deductions from instalments) apply as if each of the part payments were a separate instalment:

(a) section 61;

(b) Division 5 of Part 3B;

(c) subsection 238(2).

Minimum daily rate

Note 1: The following heading to subsection 43(1) is inserted “Payment in arrears in relation to periods”.

Note 2: The following heading to subsection 43(2) is inserted “Timing of payments of instalments”.

Note 3: The following heading to subsection 43(3) is inserted “Total instalment relating to a period”.

Note 4: The following heading to subsection 43(5A) is inserted “No reduction of portion of quarterly pension supplement relating to a day”.

Note 5: The following heading to subsection 43(6) is inserted “Instalment periods”.