{"id":"F2012L00983","name":"Social Security (Clean Energy Advance – Top-up Payment) (DEEWR) Determination 2012","slug":"social-security-clean-energy-advance-top-up-payment-deewr-determination-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89319,"registerId":"commonwealth-F2012L00983-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Qualification for top-up payment","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":0},{"sectionNumber":"(1) Subject to subsection 4(3) of this D","sectionType":"section","heading":"(1) Subject to subsection 4(3) of this Determination, if:","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":1},{"sectionNumber":"(a) the Secretary pays a clean energy ad","sectionType":"section","heading":"(a) the Secretary pays a clean energy advance (the original payment) to a person; and","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":2},{"sectionNumber":"(b) the person’s circumstances change on","sectionType":"section","heading":"(b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":3},{"sectionNumber":"(c) either","sectionType":"section","heading":"(c) either","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":4},{"sectionNumber":"(i) the change of circumstances means th","sectionType":"section","heading":"(i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":5},{"sectionNumber":"(ii) except for the provisions of a mult","sectionType":"section","heading":"(ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":6},{"sectionNumber":"the person is qualified for a top-up pay","sectionType":"section","heading":"the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":7},{"sectionNumber":"(2) For the purposes of paragraph 4(1)(b","sectionType":"section","heading":"(2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":8},{"sectionNumber":"(a) the person was paid an original paym","sectionType":"section","heading":"(a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":9},{"sectionNumber":"(i) despite the change in circumstances ","sectionType":"section","heading":"(i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":10},{"sectionNumber":"(ii) as a result of the change in circum","sectionType":"section","heading":"(ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":11},{"sectionNumber":"(iii) as a result of the change in circu","sectionType":"section","heading":"(iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":12},{"sectionNumber":"(iv) as a result of the change in circum","sectionType":"section","heading":"(iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":13},{"sectionNumber":"(v) as a result of the change in circums","sectionType":"section","heading":"(v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":14},{"sectionNumber":"(vi) as a result of the change in circum","sectionType":"section","heading":"(vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":15},{"sectionNumber":"(vii) as a result of the change in circu","sectionType":"section","heading":"(vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":16},{"sectionNumber":"(b) the person was paid an original paym","sectionType":"section","heading":"(b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":17},{"sectionNumber":"(c) the person was paid an original paym","sectionType":"section","heading":"(c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.","content":"#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.","sortOrder":25},{"sectionNumber":"(3) Despite any other provision of this ","sectionType":"section","heading":"(3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":26},{"sectionNumber":"Part 3 Method of working out the top-up ","sectionType":"section","heading":"Part 3 Method of working out the top-up payment","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":27},{"sectionNumber":"5","sectionType":"section","heading":"Top-up payment for first change of circumstances","content":"## Part 1 Preliminary\n\n1 Name of determination\n\nThis Determination is the Social Security (Clean Energy Advance – Top‑up Payment) (DEEWR) Determination 2012.\n\n2 Commencement\n\nThis Determination commences on 14 May 2012.\n\n3 Definitions\n\nIn this Determination:\n\nABSTUDY Living Allowance has the same meaning as in the Act.\n\nAct means the Social Security Act 1991.\n\nadvance qualification day has the same meaning as in the Act.\n\nchange day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nclean energy advance has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance daily rate has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy advance period has the same meaning as in the Act, the Veterans’ Entitlements Act and the MRCA.\n\nclean energy qualifying payment has the same meaning as in the Act.\n\nclean energy underlying payment has the same meaning as the Veterans’ Entitlements Act and the MRCA.\n\nCommonwealth scheme means the ABSTUDY scheme, the Military Rehabilitation and Compensation Act Education and Training Scheme and the Veterans’ Children Education Scheme.\n\nincome support payment means a clean energy qualifying payment, a clean energy underlying payment, a VCES payment, a MRCAETS payment and ABSTUDY Living Allowance.\n\nmost recent change day means the last day, before a person’s top-up payment is calculated, on which the person had a change of circumstances that results in a change to the type or rate of income support payment that the person receives.\n\nmost recent clean energy advance daily rate means the clean energy daily rate that would have been used to calculate a person’s clean energy advance if the person’s advance qualification day was the most recent change day.\n\nmultiple qualification exclusion has the same meaning as in the Act.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCAETS payment means an education allowance under Part 3.3, 3.4, 3.5, 3.6, or 3.7 of the Military Rehabilitation and Compensation Act Education and Training Scheme established under section 258 of the MRCA.\n\nnew change day means the day on which a person has a change in circumstances that results in a change to the type or rate of income support payment the person receives and that occurs after the person has previously qualified for a top‑up payment under this Determination.\n\nnew clean energy advance daily rate means the clean energy advance daily rate that would have been used to calculate a person’s clean energy advance if the person first qualified for a clean energy advance on the change day.\n\nnew clean energy advance period means the clean energy advance period that applies to a person from the change day.\n\noriginal change day means the day a person’s circumstances change so as to first qualify the person for an initial top‑up payment.\n\noriginal clean energy advance daily rate means the clean energy advance daily rate that was used to calculate a person’s original payment.\n\noriginal clean energy advance period means the clean energy advance period that applied to the original payment.\n\noriginal payment means the clean energy advance originally paid to a person for the relevant clean energy advance period.\n\noriginal payment start day means the later of the start of the relevant clean energy advance period or the person’s advance qualification day.\n\nSecretary has the same meaning as in the Act.\n\nsocial security payment has the same meaning as in the Act.\n\ntop-up payment means a payment as calculated under Part 3 of this Determination.\n\ntop‑up qualifying condition has the meaning given by subsection 4(2) of this Determination.\n\nVCES payment means an education allowance under Parts 3.3, 3.4, 3.5, 3.6, 3.6A or 3.7 of the Veterans’ Children Education Scheme established under section 117 of the Veterans’ Entitlements Act.\n\nVeterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.\n\n## Part 2 When a person will qualify for a top‑up payment\n\n#### 4 Qualification for top-up payment\n\n#### (1) Subject to subsection 4(3) of this Determination, if:\n\n#### (a) the Secretary pays a clean energy advance (the original payment) to a person; and\n\n#### (b) the person’s circumstances change on a day (the change day) and the person satisfies a top‑up qualifying condition in relation to that change of circumstances as set out in subsection 4(2); and\n\n#### (c) either\n\n#### (i) the change of circumstances means that a higher clean energy daily rate would be used to calculate the original payment if the person’s advance qualification day were the change day; or\n\n#### (ii) except for the provisions of a multiple qualification exclusion the person would qualify for a clean energy advance under the Act, another Act or a Commonwealth scheme;\n\n#### the person is qualified for a top-up payment calculated in accordance with Part 3 of this Determination.\n\n#### (2) For the purposes of paragraph 4(1)(b) above, a person satisfies a top‑up qualifying condition if:\n\n#### (a) the person was paid an original payment under section 914 of the Act, or was paid a top-up payment in accordance with this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a payment listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914(4) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013;or\n\n#### (b) the person was paid an original payment under subsections 914A(1) or (2) of the Act, or was paid a top‑up payment under this Determination, and;\n\n#### (i) despite the change in circumstances the person still receives one of the payments listed in subsection 914A(5) of the Act and the change of circumstances occurs before 1 July 2013; or\n\n  \n\n#### (ii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in subsection 914(4) of the Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives one of the payments listed in paragraphs (b), (c), and (d) of the definition of clean energy underlying payment in subsection 5Q(1) of the Veterans’ Entitlements Act and the change of circumstances occurs before 20 March 2013; or\n\n#### (iv) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives compensation under Division 2 of Part 2 of Chapter 5 of the MRCA and the change of circumstances occurs before 20 March 2013; or\n\n#### (v) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives an ABSTUDY Living Allowance payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vi) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a VCES payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (vii) as a result of the change in circumstances the person no longer receives a payment listed in subsection 914A(5) of the Act but on the change day receives a MRCAETS payment and the change of circumstances occurs before 1 July 2013; or\n\n#### (c) the person was paid an original payment under subsection 914A(3) of the Act and on the change day the person receives one of the payments listed in subsection 914A(5) of the Act, an ABSTUDY Living Allowance, a VCES payment, or a MRCAETS payment, and the change of circumstances occurs before 1 January 2014.\n\n  \n\n#### (3) Despite any other provision of this Determination, if a person received an original payment under subsection 914A(3) of the Act and as a result of a change in circumstances they start to receive one of the payments listed in subsection 914(4) of the Act or a clean energy underlying payment in relation to the change day, the person will not qualify for a top-up payment.\n\n#### Part 3 Method of working out the top-up payment\n\n#### 5 Top-up payment for first change of circumstances\n\n#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":28},{"sectionNumber":"If the person has not previously qualifi","sectionType":"section","heading":"If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below.","content":"#### If the person has not previously qualified for a top-up payment under section 4 of this Determination the amount of top-up payment is to be calculated in accordance with Method Statement 1 below. ![](image.002.png)\n\n  \n  6 Top-up payment for subsequent change of circumstances\n  If the person has previously been paid a top-up payment calculated in accordance with section 5 of this Determination and they have a further change in circumstances any additional top-up is to be calculated as follows.\n  ![](image.003.png)","sortOrder":29}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2183},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The determination remains tightly focused on its original purpose: establishing qualification criteria and calculation methods for top-up payments to Clean Energy Advance recipients who experience changes in circumstances affecting their income support payments."},"complexity_factors":["20+ defined terms, many of which import definitions from three separate Acts (Social Security, Veterans' Entitlements, and MRCA)","Section 4 contains nested conditional logic: 3 main limbs (4(2)(a)-(c)) each with up to 7 sub-limbs, creating a matrix of qualifying scenarios","Multiple statutory cross-references requiring knowledge of ss 914, 914A of the Social Security Act; ss 5Q, 117 of the VEA; and ss 258, Division 2 of Part 2 of Chapter 5 of the MRCA","Time-bound triggers with three different expiry dates (20 March 2013, 1 July 2013, 1 January 2014) that vary based on the payment type","Distinction between 'original change day' and 'new change day' requiring tracking of multiple chronological events","Reference to external calculation methods (Method Statements 1 and 2) which are not reproduced in the text but are incorporated by reference","Specific exclusion clause (subsection 4(3)) that acts as an exception to the general qualifying rules"],"plain_english_summary":"This Determination lets people who already received a Clean Energy Advance get an extra “top‑up” if their income‑support circumstances later changed in a way that would have entitled them to a larger advance. It specifies when and how the difference is calculated, who qualifies and limited time windows for changes. It matters because it prevents people being under‑paid when their benefits change, though eligibility relies on cross‑references to other social security and veterans’ laws."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012","history":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012/history","analysis":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012/analysis","conflicts":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012/conflicts","importantCases":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012/important-cases","documents":"/api/acts/social-security-clean-energy-advance-top-up-payment-deewr-determination-2012/documents"}}