1.1.R.05 Receiving income support

Definition

A recipient to whom an income support payment is payable is to be taken as receiving an income support payment. Unless the following exceptions apply, this does not include a period when the rate is nil.

Exception 1: A recipient who is qualified for an employment income nil rate period is taken to be receiving a social security pension or benefit for the purposes of being paid the following payments at the non-income tested rate:

Exception 2: A person:

• may have a nil rate of payment of social security pension or benefit due to the inclusion of ADP received by the person or the person's partner, in assessable income, and
• would have a rate of social security pension or benefit greater than nil if the above ADP was excluded from assessable income except when calculating RA.

Such a person is taken to be a person:

• to whom that social security pension or benefit is payable, and
• who is also receiving that social security pension or benefit

as a result of section 23(1D) of the Social Security Act 1991, and the inclusion of a reference to that section in the definition of 'receiving' in section 3(1) of the A New Tax System (Family Assistance) Act 1999.

Act reference: FAAct section 3(1)-'receiving'

SSAct section 23(1D) If, on a day that is on or after 20 September 2004…, section 23(2) For the purposes of this Act (other than s735)…, section 23(4) For the purposes of this Act, a person is taken to be receiving a social security payment…, section 23(4A) Despite subsection (4)…, section 23(4AA) For the purposes of subsection (4A)…

Policy reference: SS Guide 3.1.12 Employment Income Nil Rate Period

_______________________________________________________

Last reviewed: 6 April 2009