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

53   After subsection 110(3)

Insert:

(3A) If:

(a) a person and his or her partner (the partner ) are each receiving a social security payment; and

(b) the partner has not reached pension age; and

(c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and

(d) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and

(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and

(f) following the giving of the statement, a favourable determination is made in relation to the person's social security payment; and

(g) the determination is made because, in the instalment period:

(i) there is a decrease in the amount of employment income that is earned, derived or received, or that is taken to have been earned, derived or received, by the partner; or

(ii) the partner has ceased to earn, derive or receive, or to be taken to earn, derive or receive, employment income;

the determination takes effect on the first day of the instalment period.