5APrescribed income test—paragraphs 37B (4) (b) and 37B (5) (b) of the Act

#### 5A Prescribed income test—paragraphs 37B (4) (b) and 37B (5) (b) of the Act (1) For the purposes of paragraphs 37B (4) (b) and 37B (5) (b) of the Act (which deal with the start and the end of the low‑income non‑enforcement period, respectively) a payer is taken to satisfy the prescribed income test in relation to an instalment of a social security pension or social security benefit paid to the payer if: (a) where that instalment was paid in respect of a fortnight—the total of: (i) that instalment less any non‑taxable additional amounts; and (ii) the payer’s ordinary income for that fortnight; is not more than the highest maximum basic rate of pension for a fortnight determined under point 1064‑B1 of section 1064 of the Social Security Act 1991; or (b) where that instalment was paid in respect of a period of less than a fortnight—the total of: (i) that instalment less any non‑taxable additional amounts; and (ii) the payer’s ordinary income for that period; is not more than the amount calculated using the formula: | highest maximumbasic rate of pensionreferred to in paragraph (a) | | | | ---------------------------------------------------------------- | --- | --- | (2) In this regulation: > ordinary income has the same meaning as in the Social Security Act 1991. > week day means a day other than a Saturday or Sunday.