Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION LEGISLATION AMENDMENT ACT 1985 No. 95, 1985 - SECT 119

119. After section 139 of the Principal Act the following sections are
inserted: Payments received under the New Enterprise Incentive Scheme - effect
where recipient is in receipt of a particular pension, benefit or allowance
and spouse of recipient is not in receipt of wife's pension or spouse carer's
pension

"139A. (1) This section applies to a person in respect of a pension period if
-

   (a)  the person is entitled to receive, during that pension period, a
        payment
being -

        (i)    an instalment of a pension under Part III or a payment under
sub-section 135TBA (12) in lieu of instalments, being an
instalment of such a pension and an instalment of an allowance
under section 26 or 30A;

        (ii)   an instalment of a pension under Part IV or a payment under
sub-section 135TBA (12) in lieu of instalments, being an
instalment of such a pension and an instalment of an allowance
under section 65A;

        (iii)  an instalment of a benefit under Part IVAAA or a payment
under sub-section 135TBA (12) in lieu of instalments, being an
instalment of such a pension and an instalment of an allowance
under section 65A as applied for the purposes of that Part;

        (iv)   a payment of a benefit under Part VII; or

        (v)    a payment of an allowance under Part VIIA or VIII;

   (b)  the person is entitled to receive, during that pension period, a
        payment
under the scheme known as the New Enterprise Incentive Scheme; and

   (c)  in a case where the person is a married person, the spouse of the
        person
is not entitled to receive, during that period -

        (i)    if the person is a male married person - an instalment of a
wife's pension or a payment under sub-section 135TBA (12) in
lieu of instalments being an instalment of a wife's pension and
an instalment of an allowance under section 30A; or

        (ii)   if the person is a female married person - an instalment of a
spouse carer's pension or a payment under sub-section
135TBA (12) in lieu of instalments being an instalment of a
spouse carer's pension and an instalment of an allowance under
section 30A.

"(2) Where this section applies to a person in respect of a pension period,
then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in paragraph (1) (a) that the
person is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount of the
payment referred to in paragraph (1) (b) that the person is entitled to
receive during that period (in this sub-section referred to as the
'second payment') - the amount of the first payment shall be reduced by
deducting the amount of the second payment; or

   (b)  in any other case - the amount of the first payment shall be reduced
        to
nil.

"(3) In this section, 'pension period' means a period commencing immediately
after a pension pay-day and ending at the expiration of the next succeeding
pension pay-day. Payments received under the New Enterprise Incentive Scheme -
effect where spouse of recipient is in receipt of wife's pension or spouse
carer's pension

"139B. (1) This section applies to a husband and the wife of that husband in
respect of a pension period if -

   (a)  the husband is entitled to receive, during that pension period -

        (i)    a payment being -

                (A)  an instalment of a pension under Part III or a payment
under sub-section 135TBA (12) in lieu of instalments,
being an instalment of such a pension and an instalment
of an allowance under section 26 or 30A; or

                (B)  an instalment of an allowance under Part VIII; and

        (ii)   a payment under the scheme known as the New Enterprise
Incentive Scheme; and

   (b)  the wife is entitled to receive, during that pension period, a payment
being an instalment of a wife's pension or a payment under sub-section
135TBA (12) in lieu of instalments, being an instalment of a wife's
pension and an instalment of an allowance under section 30A.

"(2) This section applies to a wife and the husband of that wife in respect of
a pension period by virtue of this sub-section if -

   (a)  the wife is entitled to receive, during that period -

        (i)    a payment being -

                (A)  an instalment of a pension under Part III or a payment
under sub-section 135TBA (12) in lieu of instalments,
being an instalment of such a pension and an instalment
of an allowance under section 26 or 30A; or

                (B)  an instalment of an allowance under Part VIII; and

        (ii)   a payment under the scheme known as the New Enterprise
Incentive Scheme; and

   (b)  the husband is entitled to receive, during that period, an instalment
        of
a spouse carer's pension or a payment under sub-section 135TBA (12)
in lieu of instalments, being an instalment of a spouse carer's pension
and an instalment of an allowance under section 30A.

"(3) Where, by virtue of sub-section (1), this section applies to a husband in
respect of a pension period, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in sub-paragraph (1) (a) (i) that
the husband is entitled to receive during that period (in this
sub-section referred to as the 'first payment') is higher than the amount
that is one-half of the amount of the payment referred to in
sub-paragraph (1) (a) (ii) that the husband is entitled to receive during
that period (in this sub-section referred to as the 'second payment')-
the amount of the first payment shall be reduced by deducting the amount
that is one-half of the amount of the second pyament; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(4) Where, by virtue of sub-section (1), this section applies to the wife of
a husband in respect of a pension period, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in paragraph (1) (b) that the wife
is entitled to receive during that period (in this sub-section referred
to as the 'first payment') is higher than the amount that is one-half of
the amount of the payment referred to in sub-paragraph (1) (a) (ii) that
the husband is entitled to receive during that period (in this
sub-section referred to as the 'second payment') - the amount of the
first payment shall be reduced by deducting the amount that is one-half
of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(5) Where, by virtue of sub-section (2), this section applies to a wife in
respect of a pension period, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in sub-paragraph (2) (a) (i) that
the wife is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount that is
one-half of the amount of the payment referred to in sub-paragraph

(2) (a) (ii) that the wife is entitled to receive during that period (in
this sub-section referred to as the 'second payment') - the amount of
the first payment shall be reduced by deducting the amount that is
one-half of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(6) Where, by virtue of sub-section (2), this section applies to a husband of
a wife in respect of a pension period, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in paragraph (2) (b) that the
husband is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount that is
one-half of the amount of the payment referred to in sub-paragraph

(2) (a) (ii) that the wife is entitled to receive during that period (in
this sub-section referred to as the 'second payment') - the amount of
the first payment shall be reduced by deducting the amount that is
one-half of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(7) In this section, 'pension period' has the same meaning as in section
139A. Payments received under the New Enterprise Incentive Scheme - effect
where spouse of recipient is in receipt of a particular benefit or allowance

"139C. (1) This section applies to a person in respect of a pension period by
virtue of this sub-section if -

   (a)  the person is entitled to receive, during that pension period, a
        payment
of a benefit under Part VII;

   (b)  the person is a married person for the purposes of that Part;

   (c)  the person who is the spouse of the person for the purposes of that
        Part
is entitled to receive, during that pension period, a payment under the
scheme known as the New Enterprise Incentive Scheme; and

   (d)  the amount of the payment referred to in paragraph (a) includes an
amount of increase under sub-section 112 (2).

"(2) This section applies to a person in respect of a pension period by virtue
of this sub-section if -

   (a)  the person is entitled to receive, during that pension period, a
        payment
of a sheltered employment allowance under Part VIIA or a
rehabilitation allowance under Part VIII;

   (b)  the person is a married person;

   (c)  the person who is the spouse of that person is entitled to receive,
        during
that pension period, a payment under the scheme known as the New
Enterprise Scheme; and

   (d)  the amount of the payment referred to in paragraph (a) includes -

        (i)    if the payment is a payment of a sheltered employment
allowance under Part VIIA - an amount in accordance with
paragraph 133J (b); or

        (ii)   if the payment is a payment of a rehabilitation allowance under
Part VIII - an amount in accordance with sub-paragraph
135BA (1) (b) (ii).

"(3) Where this section applies to a person in respect of a pension period by
virtue of sub-section (1), there shall be deducted from the amount of the
payment referred to in paragraph (1) (a) that the person is entitled to
receive during that period an amount equal to the lesser of -

   (a)  the amount of the payment referred to in paragraph (1) (c) that the
person is entitled to receive during that period; and

   (b)  the amount referred to in paragraph (1) (d) that is included in the
amount of the payment referred to in paragraph (1) (a) that the
person is entitled to receive during that period.

"(4) Where this section applies to a person in respect of a pension period by
virtue of sub-section (2), there shall be deducted from the amount of the
payment referred to in paragraph (2) (a) that the person is entitled to
receive during that period an amount equal to the lesser of -

   (a)  the amount of the payment referred to in paragraph (2) (c) that the
person is entitled to receive during that period; and

   (b)  the amount referred to in paragraph (2) (d) that is included in the
amount of the payment referred to in paragraph (2) (a) that the
person is entitled to receive during that period.

"(5) In this section, 'pension period' has the same meaning as in section
139A.".