Commonwealth Consolidated Acts Commonwealth Consolidated ActsPayment in arrears in relation to pension periods
(1) Pension is payable:
(a) in arrears; and
(b) by instalments relating to each pension period.
Total instalment relating to a pension period
(2) The amount payable to a person as an instalment of pension in relation to a pension period is the total amount of pension payable to the person for the days in that period on which pension was payable to the person.
Pensions generally payable fortnightly
(3) Unless subsection (3A) applies to the person, an instalment of pension is payable to a person on the next payday after the end of the pension period to which the instalment relates.
Pensions may be payable weekly
(3A) The Commission may determine, in writing, that the total amount of an instalment of pension payable to a person in relation to a pension period is payable to the person in 2 payments (the part payments ) if the person is a member of a class specified under subsection (3C).
(3B) A determination made under subsection (3A) is not a legislative instrument.
(3C) The Commission may, by legislative instrument, specify a class of persons for the purposes of subsection (3A).
(3D) The first of the part payments:
(a) is not to exceed the total of the amount of pension (calculated in accordance with this section) payable to the person for days that:
(i) are days on which the pension was payable to the person; and
(ii) are included in the first 7 days of the pension period; and
(b) is payable at a time determined by the Commission that is after the first 7 days of the pension period.
(3E) The other of the part payments:
(a) is the excess of the amount that is payable to the person as the instalment of pension in relation to the pension period over the first of the part payments; and
(b) is payable at a time determined by the Commission that is after the end of the pension period.
(3F) If the total amount of pension payable to a person in relation to a pension period is payable to the person in part payments, then it is taken for the purposes of this Act that:
(a) a single instalment of the pension is payable in relation to the period; and
(b) that instalment is payable when the last of the part payments is, or is to be, made; and
(c) that instalment is equal to the total of the part payments.
Note: The total of the part payments equals the amount worked out under subsection (2) (as affected by subsections (6) to (9), if relevant) as the amount payable to the person as the instalment of the pension in relation to the pension period.
(3G) However, sections 58J (about payments to Commissioner of Taxation or Child Support Registrar) and 122B (about deductions from instalments) apply as if each of the part payments were a separate instalment.
Calculation of rate of pension payable
(4) For the purpose of the calculation of the amount of an instalment of pension, the rate of pension payable to a person for a day is calculated by dividing the annual rate of pension by 364.
(5) The amount worked out under subsection (4) is to be rounded to the nearest cent (rounding half a cent upwards).
(6) If:
(a) either or both of the following amounts are added to a person's maximum basic rate for a particular day in working out the amount of an instalment of a service pension:
(i) a pension supplement amount more than the person's pension supplement basic amount;
(ii) energy supplement; and
(b) there is no election by the person under subsection 60A(1) in force on that day; and
(c) apart from this subsection, the portion of the instalment corresponding to that day would be more than a nil amount but less than 1 / 364 of the total of:
(i) the minimum pension supplement amount, if an amount described in subparagraph (a)(i) was added as described in paragraph (a); and
(ii) the energy supplement (if any) added as described in paragraph (a);
the amount of that portion of the instalment is to be increased to 1 / 364 of that total.
(7) If:
(a) an amount of an instalment of income support supplement is payable to a person in relation to a particular day; and
(b) on that day, the person is residing in Australia and:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and
(c) there is no election by the person under subsection 60A(1) in force on that day; and
(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than 1 / 364 of the person's minimum pension supplement amount, but more than a nil amount;
the amount of that portion of the instalment is to be increased to 1 / 364 of the person's minimum pension supplement amount.
(8) If:
(a) an amount of an instalment of veteran payment is payable to a person in relation to a particular day; and
(b) on that day, the person is residing in Australia and:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and
(c) apart from this subsection, the portion of the instalment corresponding to that day would be less than 1 / 364 of the person's minimum pension supplement amount, but more than a nil amount;
the amount of that portion of the instalment is to be increased to 1 / 364 of the person's minimum pension supplement amount.
(9) If, apart from this subsection, the amount of a fortnightly instalment of pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.