Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 36

36. (1) This section does not apply in relation to an applicant where the
relevant year of income in relation to the applicant ends immediately before
the prescribed date.

(2) Where an applicant, by notice in writing furnished to the Secretary,
requests the Secretary to give a direction under this section and the
Secretary is satisfied that the applicant-

   (a)  ceased, on any day after the first day of the relevant year of income
        and before the prescribed date, to carry on an income-earning activity
        and, throughout the period commencing on the first-mentioned day and
        including the prescribed date, did not carry on any
        income-earning activity;

   (b)  has not carried on, or is not likely to carry on, as the case
        requires, any income-earning activity for a substantial period after
        the prescribed date; and

   (c)  will be advantaged by the making of such a direction,
the Secretary shall direct that, for the purposes of section 33, the amount of
the taxable income of the applicant for the relevant year of income shall be
the amount ascertained in accordance with sub-section (3).

(3) For the purposes of sub-section (2), an amount shall be ascertained in
accordance with the formula-

a(365-b)
-------------
365-c where-

a is the amount of the taxable income of the applicant for the relevant year
of income ascertained otherwise than in accordance with this section;

b is the number of days in the period that commenced on the day first referred
to in paragraph (2) (a) and ended at the expiration of the prescribed date or,
if that number is greater than 365, 365; and

c is the number (if any) by which the number of days in the period that
commenced at the expiration of the relevant year of income and ended at the
expiration of the prescribed date is less than b.
       (4) In sub-section (2), ''income-earning activity'', in relation to an
applicant, means an activity that results in the applicant deriving income
from personal exertion.