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

56   After subsection 118(2)

Insert:

(2A) If an adverse determination is made in relation to a person who has not reached pension age:

(a) following the person's having informed the Department of the occurrence of an event or change of circumstances; and

(b) because the person earns, derives or receives, or is taken to earn, derive or receive, employment income in an instalment period of the person;

the determination takes effect on:

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

(d) if the determination is attributable to the person'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 in the instalment period on which the person's opening balance was nil; and

(e) in any other case - the first day of the instalment period;

so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.

(2B) If:

(a) an adverse determination is made in relation to a person following the person's having informed the Department of the occurrence of an event or change of circumstances; and

(b) the determination is made because, in an instalment period of the person, either:

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

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

(c) the person's student income bank balance is reduced to nil during the instalment period;

the determination takes effect on:

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

(e) if the determination is attributable to the person'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 person's opening balance was nil;

so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (d) or (e) and before the determination is made.