Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf:
(a) a payability determination that parental leave pay is payable to a person is made; and
(b) an instalment for an instalment period becomes payable to the person by the Secretary on a particular day; and
(c) before that day, the person was paid an amount of income support payment under the social security law or Veterans' Entitlements Act 1986 for a period (the income support period ) that falls within, or overlaps with, the instalment period; and
(d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the instalment been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act;
then the Secretary may deduct from the instalment an amount equal to the excess.
Note: A person's income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans' Entitlements Act 1986 . An instalment is income so payment of an instalment may reduce the amount of income support payment that is payable to the person.