Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commission may determine (a top up determination ) that a person's pension bonus is to be increased if:
(a) the Commission makes a determination (a rate determination ) increasing the rate of the person's designated pension; and
(b) the rate determination takes effect on a day that is not more than 13 weeks after the date (the effective date ) on which the determination granting the pension bonus takes effect; and
(c) the rate determination is made because of a reduction since the effective date in either or both of the following:
(i) the value of the person's assets;
(ii) the person's ordinary income.
Note: Any reduction in the value of a person's assets or the person's income will be determined by applying the assets test and the ordinary/adjusted income test in the Rate Calculator in Schedule 6.
(2) The person's pension bonus is increased by the difference between:
(a) the person's amount of pension bonus on the effective date; and
(b) the amount that would have been the person's amount of pension bonus on the effective date if the rate of the person's designated pension on that date had been the highest rate at which the designated pension was payable to the person during the 13 weeks after the effective date.
(3) A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.
(4) A top up determination is not a legislative instrument.