Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS (MAINTENANCE INCOME TEST) AMENDMENT ACT 1988 No. 13, 1988 - SECT 12

12. After section 122 of the Principal Act the following section is inserted:
Maintenance income test

"122A. (1) Subject to this section, where an unemployment benefit, a sickness
benefit or a job search allowance is payable to a person whose fortnightly
maintenance income exceeds the fortnightly maintenance free area of the
person, the rate per fortnight of the benefit shall (in addition to any
reduction made under section 122) be reduced by 50% of the amount by which the
maintenance income exceeds the maintenance free area.

"(2) If the person is a married person, the maintenance income of the person
includes the maintenance income of the person's spouse.

"(3) If the person is a married person and the person's spouse:

   (a)  has maintenance income that is, under subsection (2), included in the
        maintenance income of the person; and

   (b)  is in receipt of a prescribed pension; the rate per week of the
        benefit payable to the person shall be reduced by 50% of the amount
        that, but for this subsection, would have been the amount of the
        reduction under subsection (1).

"(4) If the person receives maintenance income on a periodic basis at
intervals longer than a fortnight, the person shall be taken to receive, in
relation to that maintenance income, in each fortnight or part of a fortnight
in the period an amount of maintenance income bearing the same proportion to
the amount received as the number of days in the fortnight or part of the
fortnight bears to the number of days in the period.

"(5) If the person has special maintenance income the fortnightly rate of
which exceeds the aggregate of:

   (a)  50% of the maximum fortnightly rate of benefit or allowance applicable
        to the person (including any increase under section 118 or 120 but
        before any reduction made under section 122 or under this section);
        and

   (b)  the fortnightly maintenance free area of the person; the excess shall
        be disregarded for the purposes of subsection (1).".