Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote This Part applies if the primary payment is ABSTUDY Living Allowance.
1 Definitions
In this Part:
"daily provisional payment rate" means:
(a) for a person to whom:
(i) step 10 of the Overall Living Allowance Rate Calculator applies; and
(ii) step 11 of the Calculator does not apply;
the personal income test reduced rate mentioned in step 10; or
(b) for a person to whom step 11 of the Overall Living Allowance Rate Calculator applies, the provisional fortnightly payment rate mentioned in that step;
converted to a daily rate by dividing the rate by 14.
"excluded amount" has the meaning given by section 118NA of the Act.
"income test" means the applicable income test referred to in the Overall Living Allowance Rate Calculator.
"Overall Living Allowance Rate Calculator" means the Rate Calculator, as in force on the commencement of these Regulations, used under the ABSTUDY Scheme to work out the rate of ABSTUDY Living Allowance (plus Rent Assistance, Remote Area Allowance and Pharmaceutical Allowance).
"Pharmaceutical Allowance" means Pharmaceutical Allowance payable under the ABSTUDY Scheme.
"Remote Area Allowance" means Remote Area Allowance payable under the ABSTUDY Scheme.
"Rent Assistance" means Rent Assistance payable under the ABSTUDY Scheme.
"rent reduction amount , in relation to a person to whom a DFISA-like payment is payable, means " the amount (if any) calculated under section 57.1 of the Overall Living Allowance Rate Calculator to be the appropriate:
(a) income reduction (step 9); and
(b) if applicable -- reduction for partner income (step 11);
but applying the calculation on the basis that adjusted disability pension payable is, for the purposes of the Calculator, the person's and, if applicable, the person's partner's, only ordinary income.
2 Method Statement
Step 1 . Work out the daily provisional payment rate of ABSTUDY Living Allowance that:
(a) is; or
(b) apart from the operation of other steps in this method statement, would be;
payable to the person on the relevant day.
Step 2 . Work out what would have been the daily provisional payment rate of ABSTUDY Living Allowance applying to the person on that day if both of the following assumptions were made:
(a) first assumption -- the adjusted disability pension payable to the eligible person, or to the person's partner, is an excluded amount;
Note This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income.
(b) second assumption -- if an amount of Rent Assistance was included in the calculation of the daily provisional payment rate, that amount is reduced (but not to less than nil) by the rent reduction amount.
Step 3 . Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA‑like payment payable to the person on that day.
Note This Part applies if the primary payment is:
(a) Australian Government Citrus Canker Assistance Package - Income Support Payment; or
(b) Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package - Income Support Payment; or
(c) Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package - Income Support Payment; or
(d) Equine Workers Hardship Wage Supplement Payment; or
(e) Exceptional Circumstances Relief Payment; or
(f) Farm Help Income Support; or
1 Definitions
In this Part:
"daily provisional payment rate" means:
(a) for primary payment that is:
(i) Exceptional Circumstances Relief Payment; or
(ii) Farm Help Income Support; or
(iii) Interim Income Support;
the fortnightly rate for the primary payment under section 24A or section 24B, as the case requires, of the Farm Household Support Act 1992 , converted to a daily rate by dividing the rate by 14; and
(b) for primary payment that is:
(i) Australian Government Citrus Canker Assistance Package - Income Support Payment; or
(ii) Australian Government Farmers and Small Business Owners (Cyclone Larry) Assistance Package - Income Support Payment; or
(iii) Australian Government Farmers and Small Business Owners (Cyclone Monica and Cyclone Larry) Assistance Package - Income Support Payment; or
(iv) Equine Workers Hardship Wage Supplement Payment;
the provisional fortnightly payment rate mentioned in Benefit Rate Calculator B used under the Social Security Act 1991 to work out the primary payment, converted to a daily rate by dividing the rate by 14.
"excluded amount" has the meaning given by section 118NA of the Act.
2 Method Statement
Step 1 . Work out the daily provisional payment rate for the primary payment that:
(a) is; or
(b) apart from the operation of other steps in this method statement, would be;
payable to the person on the relevant day.
Step 2 . Work out what would have been the daily provisional payment rate for the primary payment applying to the person on that day if the adjusted disability pension payable to the person, or the person's partner, on that day were an excluded amount.
Note This means that, in calculating this notional rate, the adjusted disability pension will not be treated as income.
Step 3 . Subtracting the daily provisional payment rate under step 1 from the rate under step 2, the resulting difference is the rate of DFISA‑like payment payable to the person on that day.