Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year.
Method statement
Step 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:
(a) assume that the person is an FTB child of the parent for the year; and
(b) only take into account maintenance income received in relation to the person; and
(c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.
This amount is the parent's actual maintenance income for the income year.
Step 2. Work out the annualised maintenance income free area for the parent for the income year under section 123AC.
Step 3. Work out the annual amount of estimated maintenance income for the parent under section 123AD.
Step 4. Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either:
(a) the actual maintenance income is less than 125% of the annualised maintenance income free area; or
(b) the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income.
Step 5. Go to subsection (3) in any other case.
(2) If the method statement says go to this subsection, the Secretary must affirm the decision or decisions under review.
(3) If the method statement says go to this subsection, the Secretary must recalculate the person's rate of youth allowance having regard to the parent's actual maintenance income for the income year and vary or substitute the decision or decisions under review accordingly.