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SOCIAL SECURITY ACT 1991 - SECT 914G

Top - up payments of clean energy advance

  (1)   The Minister may by legislative instrument determine that persons:

  (a)   who have been paid the amount (the original payment ) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (the original qualifying payment ); and

  (b)   whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection   (2) or (3);

qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance.

  (2)   This subsection covers a person's circumstances changing in a way such that:

  (a)   on the day (the change day ) the change happens, the person was still receiving the original qualifying payment; and

  (b)   had the amount of the original payment been worked out by reference to the person's circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount.

  (3)   This subsection covers a change in a person's circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment.

  (4)   For the purposes of subsection   (3), a multiple qualification exclusion is an instrument that:

  (a)   provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person's qualification for or receipt of the original payment or the original qualifying payment; and

  (b)   is made under:

  (i)   section   918; or

  (ii)   section   424L of the MRCA; or

  (iii)   section   65A of the Veterans' Entitlements Act;

    or is an instrument establishing qualifications for a clean energy bonus under a scheme.

  (5)   An instrument under subsection   (1) may provide for:

  (a)   different periods for changes in circumstances depending on different changes in circumstances; and

  (b)   different ways of working out further amounts of the original payment depending on different changes in circumstances.


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