Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 (60 of 2009)

Schedule 4   Pension supplements

Part 4   Other amendments

Social Security (Administration) Act 1999

95   Subsections 43(4) and (5)

Repeal the subsections, substitute:

(4) If:

(a) either of the following amounts (the added amount ) is added to a person's maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:

(i) an amount of pharmaceutical allowance;

(ii) a pension supplement amount; and

(b) if the added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate - the pension supplement amount is more than the person's pension supplement basic amount; and

(c) there is no election by the person under subsection 1061VA(1) in force on that day; and

(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person's minimum daily rate, but more than a nil amount;

the amount of that portion of the instalment is to be increased to the person's minimum daily rate.

(5) In this section:

minimum daily rate , for a person, means:

(a) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces a fortnightly rate - 1/14 of that amount; or

(b) if the added amount is an amount of pharmaceutical allowance and the Rate Calculator for the social security payment produces an annual rate - 1/364 of that amount; or

(c) if the added amount is a pension supplement amount - 1/364 of the person's minimum pension supplement amount.

(5A) If:

(a) an election by the person under subsection 1061VA(1) is in force on a particular day; and

(b) apart from this subsection, the portion of the instalment of the person's quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3), but not reduced to a nil amount;

the amount of that portion of the instalment is not to be reduced under subsection 1210(3).