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

58   After subsection 118(5)

Insert:

(5A) If an adverse determination is made in relation to a person who has not reached pension age:

(a) following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and

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

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.

(5B) If:

(a) an adverse determination is made in relation to a person following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and

(b) the determination is made because, in the instalment period, 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.