Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 5   Clean energy payments under the Farm Household Support Act

Farm Household Support Act 1992

18   After Division 1B of Part 2

Insert:

Division 1C - Qualification for clean energy advances

8G Person not of youth allowance age

Qualification for days 14 May 2012 to 30 June 2012

(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:

(a) the person is not of youth allowance age; and

(b) the person receives exceptional circumstances relief payment; and

(c) the person's rate of payment is greater than nil; and

(d) the person is in Australia.

Qualification for days 1 July 2012 to 19 March 2013

(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013:

(a) the person is not of youth allowance age; and

(b) the person receives exceptional circumstances relief payment; and

(c) the person's rate of payment is greater than nil; and

(d) the person is in Australia.

(3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:

(a) satisfies paragraphs (2)(a), (b) and (c); and

(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

8H Person of youth allowance age

Qualification for days 14 May 2012 to 30 June 2012

(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:

(a) the person is of youth allowance age; and

(b) the person receives exceptional circumstances relief payment; and

(c) the person's rate of payment is greater than nil; and

(d) the person is in Australia.

Qualification for days 1 July 2012 to 30 June 2013

(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:

(a) the person is of youth allowance age; and

(b) the person receives exceptional circumstances relief payment; and

(c) the person's rate of payment is greater than nil; and

(d) the person is in Australia.

Qualification for days 1 July 2013 to 31 December 2013

(3) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:

(a) the person is of youth allowance age; and

(b) the person receives exceptional circumstances relief payment; and

(c) the person's rate of payment is greater than nil; and

(d) the person is in Australia.

First day of qualification under subsection (2) or (3)

(4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person:

(a) satisfies paragraphs (a), (b) and (c) of that subsection; and

(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

8J Limits on qualifying for multiple advances

(1) A person cannot qualify for more than one clean energy advance under section 8G.

(2) A person can qualify for at most 2 clean energy advances under section 8H:

(a) one under either subsection 8H(1) or (2); and

(b) one under subsection 8H(3).

(3) A person who has qualified for a clean energy advance under subsection 8H(1) cannot qualify for a clean energy advance under subsection 8G(1).

Note 1: Top-up payments of clean energy advance may be payable under section 24F if the person's circumstances change during the person's clean energy advance period.

Note 2: A person who has qualified for a clean energy advance under subsection 8H(1) or (2) can qualify for a clean energy advance under subsection 8G(2).

Note 3: However, a second qualification mentioned in note 2 will only result in a further payment if it satisfies the criteria for a top-up payment (see subsection 24C(3) and section 24D).


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