Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The fortnightly rate at which exceptional circumstances relief payment is payable to a person who qualifies for the payment under subsection 8A(1) is the sum of the following rates:
(a) the fortnightly rate at which:
(i) if the person is of youth allowance age--youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or
(ii) if the person is not of youth allowance age--newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance;
(b) if the person is a member of a couple and the partner allowance rate in relation to the person's partner exceeds the income support payment rate in relation to the person's partner--the fortnightly rate that is the difference between those rates.
(1A) For the purposes of subsection (1):
"income support payment rate" , in relation to a person's partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments:
(b) a social security benefit (except newstart allowance or youth allowance);
(d) a pension under Part II, III or IV of the Veterans' Entitlements Act 1986 .
"partner allowance rate" , in relation to a person's partner, means the fortnightly rate at which:
(a) that partner is receiving partner allowance; or
(b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance.
(2) For the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is to be disregarded.
(3) In calculating a rate referred to in subsection (1), exempt livestock proceeds are to be disregarded.
$20,000 in off-farm salary and wages disregarded
(4) For the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during the period:
(a) beginning at the start of 1 July 2007; and
(b) ending at the end of 30 June 2009, or, if a later day is prescribed, at the end of that later day (the closing day );
disregard the off-farm salary and wages of the person, or if the person is a member of a couple, the off-farm salary and wages of the person and the person's partner, in the amount worked out under subsections (5) and (6).
(5) Except in a case to which subsection (6) applies, for a fortnight which falls in whole or in part in a particular financial year, disregard the lesser of:
(a) the total amount of off-farm salary and wages of the person or, if the person is a member of a couple, of the person and the person's partner, for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in that financial year means the total amount of off-farm salary and wages of the person or, if the person is a member of a couple, of the person and the person's partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in that financial year, because of a previous application, or previous applications, of this subsection and subsection (4).
number of days remaining in that financial year means the number of days in the period beginning at the start of the fortnight, and ending at the end of 30 June in that financial year.
(6) If the closing day is not 30 June, then for a fortnight which falls in whole or in part in the period beginning at the start of the immediately preceding 1 July and ending at the end of the closing day, disregard the lesser of:
(a) the total amount of off-farm salary and wages of the person or, if the person is a member of a couple, of the person and the person's partner, for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in the period means the total amount of off-farm salary and wages of the person or, if the person is a member of a couple, of the person and the person's partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in the period, because of a previous application, or previous applications, of this subsection and subsection (4).
number of days remaining in the period means the number of days in the period beginning at the start of the fortnight, and ending at the end of the closing day.
(7) A person's off-farm salary and wages are salary and wages that are not earned from work that is in any way related to a farm enterprise in respect of which the person or, where the person is a member of a couple, the person's partner, is a farmer.
Farmers hardship bonus disregarded
(8) To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the Social Security Act 1991 is to be disregarded.
Certain superannuation contributions disregarded
(9) For the purposes of calculating a rate referred to in subsection (1) for a person who has not reached pension age, disregard contributions made by the person's employer to a superannuation fund or RSA for the person's benefit, other than contributions made by a company or trust if the person is:
(a) an attributable stakeholder of the company or trust; or
(b) an associate under paragraph 1207C(1)(e), (h), (i) or (j) of the Social Security Act 1991 of a person who is an attributable stakeholder of the company or trust.
Note: Those paragraphs of the Social Security Act 1991 cover a relative, a business partner, a spouse or child of a business partner and a trustee of a trust (where the person concerned can benefit from the trust).
(10) In subsection (9):
"attributable stakeholder" of a company or trust has the meaning given by section 1207X of the Social Security Act 1991 .
"pension age" has the meaning given by section 23 of the Social Security Act 1991 .
"RSA" has the meaning given by the Retirement Savings Accounts Act 1997 .
"superannuation fund" has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993 .