Commonwealth Numbered Regulations

1995 No. 178 CHILD SUPPORT (REGISTRATION AND COLLECTION) REGULATIONS (AMENDMENT) - REG 2

2.1 After regulation 5, insert: Prescribed income test-paragraphs 37B (4) (b)
and 37B (5) (b) of the Act

"5A. (1) For the purposes of paragraphs 37B (4) (b) and 37B (5) (b) of the Act
(which deal with the start and the end of the low-income non-enforcement
period, respectively) a payer is taken to satisfy the prescribed income test
in relation to an instalment of a social security pension or social security
benefit paid to the payer if:

   (a)  where that instalment was paid in respect of a fortnight-the total of:

        (i)    that instalment less any non-taxable additional amounts; and

        (ii)   the payer's ordinary income for that fortnight; is not more
               than the highest maximum basic rate of pension for a fortnight
               determined under point 1064-B1 of section 1064 of the
               Social Security Act  1991 ; or

   (b)  where that instalment was paid in respect of a period of less than a
        fortnight-the total of:

        (i)    that instalment less any non-taxable additional amounts; and

        (ii)   the payer's ordinary income for that period; is not more than
               the amount calculated using the formula:

highest maximum,
   basic rate of pension    X   week days in the period

   referred to in                      10

paragraph (a)



"(2) In this regulation:
'ordinary income' has the same meaning as in the Social Security Act 1991;
'week day' means a day other than a Saturday or Sunday.

Unsatisfactory payment record-paragraph 38 (3) (a) of the Act

"5B. For the purposes of paragraph 38 (3) (a) of the Act (which deals with the
circumstances when the Registrar can refuse to vary the Child Support
Register), a payer is taken to have an unsatisfactory payment record if:

   (a)  any part of the period of 6 months immediately before the election was
        not part of a child support enforcement period in relation to the
        payer; or

   (b)  at the time of the election, a maintenance liability in relation to
        the payee had become due and payable and was unpaid; or

   (c)  any maintenance liability in relation to the payee that had become due
        and payable during the 6 months immediately before the election was
        not paid when due and payable.".