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

20   After Part 4

Insert:

Part 4A - Amount of a clean energy advance

24C Amount of a clean energy advance

(1) On the day (the decision day ) that the Secretary determines that a person (the recipient ) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.

Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).

(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:

Clean energy advance daily rate x Number of advance days

(3) However, no amount is payable under this section for the qualification if:

(a) the qualification is under section 8G; and

(b) a clean energy advance has already been paid to the recipient for a qualification under section 8H.

Note: The qualification under section 8G may result in a top-up payment under section 24F.

24D Clean energy advance daily rate

Recipient has reached pension age

(1) If the recipient reaches pension age on or before the decision day, the recipient's clean energy advance daily rate is worked out by:

(a) working out 1.7% of the total of:

(i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and

(ii) the combined couple rate of pension supplement for 1 July 2012; and

(b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and

(c) adding $5.20 to the result of paragraph (b); and

(d) applying the applicable percentage in the following table to the result of paragraph (c); and

(e) dividing the result of paragraph (d) by 364.

Recipient under pension age but not of youth allowance age

(2) If the recipient is not covered by subsection (1) and is not of youth allowance age on the advance qualification day, the recipient's clean energy advance daily rate is worked out by:

(a) working out 1.7% of the maximum basic rate for newstart allowance, worked out:

(i) for 1 July 2012; and

(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and

(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

(c) adding 20 cents to the result of paragraph (b); and

(d) dividing the result of paragraph (c) by 14.

Recipient under 21 with a partial capacity to work

(3) If, on the advance qualification day, the recipient is under 21 and has a partial capacity to work, the recipient's clean energy advance daily rate is worked out by:

(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for youth allowance, worked out:

(i) for the first day of the recipient's clean energy advance period; and

(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and

(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

(c) adding 20 cents to the result of paragraph (b); and

(d) dividing the result of paragraph (c) by 14.

Other recipients of youth allowance age

(4) If, on the advance qualification day, the recipient is of youth allowance age and not covered by subsection (3), the recipient's clean energy advance daily rate is worked out by:

(a) working out 1.7% of the maximum basic rate for youth allowance, worked out:

(i) for the first day of the recipient's clean energy advance period; and

(ii) for a person in circumstances the same as the recipient's on the advance qualification day; and

(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

(c) adding 20 cents to the result of paragraph (b); and

(d) dividing the result of paragraph (c) by 14.

24E Number of advance days

The recipient's number of advance days is the number of days in the recipient's clean energy advance period that are on or after:

(a) if the recipient qualifies for the clean energy advance before 1 July 2012 - 1 July 2012; or

(b) otherwise - the advance qualification day.

24F Top-up payments of clean energy advance

Work out adjusted amount if circumstances change

(1) If:

(a) the Secretary pays a clean energy advance (the original payment ) to the recipient; and

(b) the recipient's circumstances change on a day (the change day ) before the end of the recipient's clean energy advance period;

work out an amount under subsection (3). However, if this section has previously applied to the recipient, work out an amount under subsection (4).

When a top-up is payable

(2) If the total of:

(a) the original payment; and

(b) any previous payments under this subsection;

falls short of the amount worked out under subsection (3) or (4) (as applicable), the recipient is qualified for a further payment of clean energy advance equal to the amount of the shortfall.

Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).

Adjusted amount for the earliest change day

(3) For the purposes of subsection (1), round up to the nearest multiple of $10 the result of the formula:

Original pro-rata amount + First pro-rata amount

where:

first pro-rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if:

(a) the advance qualification day were the change day; and

(b) if the change day is specified in a determination, for the recipient, under subsection 8G(2) because of subsection 8G(3):

(i) the recipient's clean energy advance period were worked out by reference to the qualification resulting from that determination; and

(ii) the reference in subsection 24D(1) to the decision day were a reference to the change day.

Note: Paragraph (b) only applies if the recipient qualifies a second time for a clean energy advance, this time under section 8G (whereas the recipient qualified for the original payment under section 8H).

original pro-rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if the recipient's number of advance days did not include days on or after the change day.

Note: The formula set out in subsection 24C(2) does not include the rounding mentioned in that subsection.

Adjusted amount for later change days

(4) For the purposes of subsection (1), round up to the nearest multiple of $10 the sum of the following:

(a) the original pro-rata amount worked out under subsection (3) for the earliest change day;

(b) the first pro-rata amount worked out under subsection (3) for the earliest change day but as if the number of advance days did not include days on or after the next change day;

(c) the amount for each change day later than the earliest worked out in a way corresponding to the way the first pro-rata amount was worked out under paragraph (b) for the earliest change day.