1.1.R.05 Receiving income support

Definition

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 CCS at the non-income tested rate.

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 section 735) …, 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: FA Guide 3.5 CCS entitlement

SS Guide 3.1.12 Employment income nil rate period

Last reviewed: 1 July 2021