1.1.R.05 Receiving income support
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:
|Payment||FA Guide reference|
|Family tax benefit (FTB) Part A||188.8.131.52 Calculating a Rate of FTB - Overview|
|Child care benefit (CCB)||3.5.1 CCB Entitlement - General Provisions|
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 SSAct section 23(1D), and the inclusion of a reference to that section in the definition of 'receiving' in FAAct section 3(1).
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