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 2   Amendment of the Social Security Act 1991

Social Security Act 1991

22   Section 1067G (at the end of Module J)

Add:

Opening balance following cancellation of another social security pension or benefit

1067G-J7 If:

(a) a person ceases to be a working credit participant because of a determination to cancel, or an automatic cancellation of, the person's social security pension or social security benefit; and

(b) the person had a working credit balance greater than nil immediately before the date of effect of the determination or cancellation; and

(c) the person makes a claim, or is taken to have made a claim, for a youth allowance; and

(d) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (b); and

(e) the person becomes a person to whom this Module applies on a day (the module application day ), being either the day with effect from which the claim is granted or a day following that day;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following suspension of youth allowance

1067G-J8 If:

(a) a person ceases to be a working credit participant because of a determination to suspend the person's youth allowance; and

(b) the person had a working credit balance greater than nil immediately before the date of effect of the determination; and

(c) within 12 months after the date of effect of the determination:

(i) the person commences to undertake full-time study; and

(ii) the payment of the person's youth allowance is resumed; and

(d) the person becomes a person to whom this module applies on the day with effect from which the person's youth allowance is resumed;

the working credit balance mentioned in paragraph (b) becomes the opening balance of the income bank credit applicable to the person on the day mentioned in paragraph (d).

Opening balance following suspension and subsequent cancellation of another social security pension or benefit

1067G-J9 If:

(a) a person ceases to be a working credit participant because of a determination to suspend the person's social security pension or social security benefit; and

(b) while the person's pension or benefit is suspended, there is a determination to cancel the person's pension or benefit; and

(c) the person had a working credit balance greater than nil immediately before the date of effect of the suspension determination; and

(d) the person makes a claim, or is taken to have made a claim, for a youth allowance; and

(e) the Secretary determines that the claim is to be granted with effect from a day within 12 months after the date of effect mentioned in paragraph (c); and

(f) the person becomes a person to whom this Module applies on a day (the module application day ), being either the day with effect from which the claim is granted or a day following that day;

the working credit balance mentioned in paragraph (c) becomes the opening balance of the income bank credit applicable to the person on the module application day.

Opening balance following commencement of full-time study by youth allowance recipient

1067G-J10 If:

(a) a person is receiving youth allowance and is not undertaking full-time study; and

(b) the person commences to undertake full-time study; and

(c) either because of a determination made as a result of the commencement or, if no determination is necessary, because of the commencement itself, the person, on a day (the module application day ):

(i) ceases to be a working credit participant; and

(ii) becomes a person to whom this Module applies; and

(d) the person had a working credit balance greater than nil immediately before the module application day;

the working credit balance mentioned in paragraph (d) becomes the opening balance of the income bank credit applicable to the person on the module application day.