Clean Energy (Household Assistance Amendments) Act 2011 (141 of 2011)

Schedule 1   Clean energy payments under the social security law

Part 5   Other amendments

Social Security (Administration) Act 1999

83   After subsection 43(5)

Insert:

(5AA) If:

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

(i) a pension supplement amount;

(ii) clean energy supplement; and

(b) if one of the added amounts 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 915A(1) or 1061VA(1) of the 1991 Act 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.

(5AB) For the purposes of subsection (5AA), a person's minimum daily rate is 1/364 of the total of:

(a) the person's minimum pension supplement amount, if a pension supplement amount is an added amount; and

(b) the person's clean energy supplement, if clean energy supplement is an added amount.