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 2   Amendment of the Social Security Act 1991

Social Security Act 1991

8   At the end of Part 2.13 of Chapter 2

Add:

665AA Existence of working credit does not prevent payments under this Part

(1) If:

(a) a person is a working credit participant qualified for newstart allowance; and

(b) either:

(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant's qualification for employment entry payment, the participant ceases to be qualified for newstart allowance at the time when the participant would have so ceased if the participant had not had a working credit balance greater than nil.

(2) If:

(a) a person is a working credit participant to whom widow allowance or a mature age allowance under Part 2.12B is payable; and

(b) either:

(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant's qualification for employment entry payment, the allowance referred to in paragraph (a) ceases to be payable to the participant at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.

(3) If:

(a) a person is a working credit participant to whom a partner allowance is payable; and

(b) either:

(i) the participant commences to earn, derive or receive, or to be taken to earn, derive or receive, employment income; or

(ii) there is an increase in the employment income that is earned, derived or received, or taken to be earned, derived or received, by the participant; and

(c) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the commencement or increase occurs;

then, for the purpose of determining the participant's qualification for employment entry payment, newstart allowance ceases to be payable to the participant's partner at the time when it would have so ceased if the participant had not had a working credit balance greater than nil.