Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of paragraph 37B(4)(b) of the Act, a payer is taken to satisfy the income test in relation to the first instalment of a social security pension or a social security benefit paid to the payer after the day on which an application is made under subsection 37B(2) of the Act if:
(a) if that instalment was paid in respect of a fortnight--the total of:
(i) the amount of that instalment, less any non-taxable additional amounts; and
(ii) the amount of the payer's ordinary income for that fortnight;
is not more than the highest maximum basic rate of pension for a fortnight under Table B of point 1064-B1 in the Rate Calculator at the end of section 1064 of the Social Security Act 1991 ; or
(b) if that instalment was paid in respect of a period of less than a fortnight--the total of:
(i) the amount of that instalment, less any non-taxable additional amounts; and
(ii) the amount of the payer's ordinary income for that period;
is not more than the amount calculated using the formula:
(2) For the purposes of paragraph 37B(5)(b) of the Act, a payer is taken not to satisfy the income test in relation to an instalment of a social security pension or a social security benefit paid to the payer for a particular fortnight if:
(a) if that instalment was paid in respect of a fortnight--the total of:
(i) the amount of that instalment, less any non-taxable additional amounts; and
(ii) the amount of the payer's ordinary income for that fortnight;
is more than the highest maximum basic rate of pension for a fortnight under Table B of point 1064-B1 in the Rate Calculator at the end of section 1064 of the Social Security Act 1991 ; or
(b) if that instalment was paid in respect of a period of less than a fortnight--the total of:
(i) the amount of that instalment, less any non-taxable additional amounts; and
(ii) the amount of the payer's ordinary income for that period;
is more than the amount calculated using the formula:
