Part 2Qualification for and payability of certain support and payments

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An Act relating to: (a) the provision of income support and advice to farmers who may not have a long‑term productive, sustainable and profitable future in the sector; and (b) the provision of financial incentives to farmers to leave farming; and (c) the provision of relief payments to farmers who are in exceptional circumstances and to certain small business operators. ## Part 1—Preliminary #### 1 Short title This Act may be cited as the Farm Household Support Act 1992. #### 2 Commencement (1) Subject to this section, this Act commences on 20 March 1993. (2) If this Act receives the Royal Assent after 20 March 1993, it commences on the day on which it receives the Royal Assent. #### 3 Interpretation (1) In this Act, unless the contrary intention appears, the following definitions have the same meaning as in the Social Security Act 1991: > armed services widow > armed services widower > asset > Australian resident > austudy payment > bank > combined couple rate of pension supplement > Commonwealth funded employment program > illness separated couple > job search allowance > maximum basic rate > member of a couple > newstart allowance > officer > partial capacity to work > partner > partner allowance > partnered > partnered (partner in gaol) > Pension Rate Calculator A > prescribed educational scheme > RAS authority > respite care couple > service pension > social security benefit > social security pension > youth allowance. (2) In this Act, unless the contrary intention appears: > ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. > activity plan has the meaning given by subsection 8B(3). > advance qualification day means: (a) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(1) or 8H(1)—the day that determination is made; or (b) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(2)—the day specified in that determination because of subsection 8G(3); or (c) for a person qualifying for a clean energy advance because of a determination made under subsection 8H(2) or (3)—the day specified in that determination because of subsection 8H(4). > advice on financial outlook has the meaning given by subsection 8B(2). > applicable rate has the meaning given by section 24. > certificate of inability to obtain finance has the meaning given by section 4. > Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. > clean energy advance means an advance described in section 8G, 8H or 24F. > clean energy advance daily rate has the meaning given by section 24D. > clean energy advance period means: (a) for a person qualifying under section 8G for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or (b) for a person qualifying under subsection 8H(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or (c) for a person qualifying under subsection 8H(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013. > dairy exit payment means a payment under the DEP scheme. > dairy‑type grant means a re‑establishment grant designated under the farm help re‑establishment grant scheme as a dairy‑type grant. > decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. > DEP scheme means the scheme referred to in section 52C. > exempt assets means: (a) if a person is a farmer: (i) any right or interest of the person in the land used for the purposes of the farm enterprise in relation to which the person is a farmer; and (ii) any farm plant and machinery, farm livestock or other asset essential for the effective running of the farm enterprise; and (iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme; and (b) if a person carries on a small business: (i) any right or interest of the person in land used for the purposes of the business; and (ii) any plant and machinery, stock or other asset essential for the effective running of the business; and (iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme. > exempt livestock proceeds means proceeds of a forced disposal of farm livestock by a person at a time when an exceptional circumstances certificate referred to in section 8A applies to the person, or during a period in respect of which farm help income support is payable to the person, to the extent to which the proceeds are invested in: (a) a deposit under the Loan (Income Equalization Deposits) Act 1976; or (aa) a farm management deposit (within the meaning of the Income Tax Assessment Act 1997); or (b) a deposit with a term of at least 3 months with a bank or other institution that receives money on deposit. > farm enterprise means an enterprise carried on within any of the agricultural, horticultural, pastoral, apicultural or aquacultural industries. > farmer means a person who has a right or interest in the land used for the purposes of a farm enterprise. > farm help advice and training scheme means the scheme referred to in section 52B. > farm help re‑establishment grant scheme means the scheme referred to in section 52A. > farm help scheme payment commencement day is the day on which item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 commenced. > farm help scheme payments means payments of the following kinds: (a) payments of farm help income support; (b) payments of re‑establishment grants; (c) payments of farm help advice and training grants. > finance institution means: (a) a bank; or (b) any other prescribed institution, being an institution that makes finance available to farmers. > former RAS (Part C) beneficiary means a person who: (a) immediately before the commencement of this Act was receiving Part C assistance by way of loans under a RAS scheme; and (b) is, and has continuously been from the commencement of this Act, receiving farm household support. > Human Services Department means the Department administered by the Human Services Minister. > Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997. > industry services body has the same meaning as in the Dairy Produce Act 1986. > liquid assets, in relation to a person, has the same meaning as in section 198N of the Social Security Act 1991. > Note: The expression is defined for the purposes of that section in section 19B of that Act. > maximum fortnightly rate, in relation to a person, means the rate determined by the Secretary under Division 1 of Part 4 to be the maximum fortnightly rate at which farm household support may be paid to the person. > number of advance days has the meaning given by section 24E. > off‑farm salary and wages has the meaning given by subsection 24A(7). > pension age has the same meaning as in the Social Security Act 1991 (otherwise than when used in Part 3.14A or 3.14B of that Act in relation to a person who is a veteran (within the meaning of the Veterans’ Entitlements Act 1986)). > RAS scheme means a scheme of assistance established and operated by a State or Territory under the agreement between the Commonwealth and that State or Territory executed on behalf of the Commonwealth under section 4 of the States Grants (Rural Adjustment) Act 1988. > re‑establishment grant means a grant under the farm help re‑establishment grant scheme. > sale of a farm enterprise means a transaction as a result of which the rights or interests of a person in: (a) a farm enterprise; and (b) the land used for the purposes of the farm enterprise; are transferred to another person. > Secretary means the Secretary of the Department. > severe financial hardship has the meaning given in section 5. > small business means a business with less than 100 employees. > Note: Subsection (3) sets out how this is to be worked out where there are part‑time employees. > youth allowance age has the same meaning as in Part 2.11 of the Social Security Act 1991. > youth disability supplement has the same meaning as in Module D of the Youth Allowance Rate Calculator in the Social Security Act 1991. > youth training allowance means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998. (3) In counting employees for the purposes of the definition of small business in subsection (2), take part‑time employees into account as an appropriate fraction of a full‑time equivalent. #### 4 Certificate of inability to obtain finance (1) A certificate of inability to obtain finance is a certificate, in a form approved by the Secretary, provided to the Secretary by a finance institution that is a primary lender in respect of a farmer and stating that: (a) the farmer has applied to the institution for a loan; and (b) the institution does not propose to make any loan to the farmer because of the farmer’s financial situation. (2) A certificate in respect of a farmer has effect for 13 months from the day on which it was issued. (3) However, a certificate in respect of a farmer ceases to have effect if: (a) the farmer does not lodge such a claim within a month after the day the certificate is issued; or (b) a finance institution makes a loan available to the farmer; or (c) if the farmer is receiving farm help income support—farm help income support ceases to be payable to the farmer. (4) In this section: > primary lender, in relation to a farmer, means: (a) if the farmer does not owe a debt to a finance institution—any finance institution; or (b) if the farmer owes a debt to only one finance institution—that institution; or (c) if the farmer owes a debt to 2 or more finance institutions—the institution to which the greatest debt is owed. #### 5 Severe financial hardship For the purposes of this Act, a person is in severe financial hardship at a particular time if the total value of the liquid assets of the person and the person’s partner (if any) at that time is less than or equal to the amount of newstart allowance that would have been payable to the person during the period of 6 weeks immediately preceding that time if, during the whole period: (a) the person was entitled to newstart allowance; and (b) the person had no other income. #### 6 Objects of exceptional circumstances relief payment and farm help income support Object of exceptional circumstances relief payment (1) The object of exceptional circumstances relief payment is: (a) to provide financial assistance to persons who: (i) are farmers; and (ii) are in exceptional circumstances; and (iii) are experiencing difficulty in meeting living expenses; and (b) to provide financial assistance to persons who: (i) carry on a small business, gross income from which has been significantly reduced because of the effect of exceptional circumstances on farm enterprises, or on farmers, farm enterprise workers, or their families; and (ii) are experiencing difficulty in meeting living expenses. Object of farm help income support (2) The object of farm help income support is to provide short term financial assistance to farmers who: (a) are experiencing difficulty in meeting living expenses; and (b) are unlikely to obtain a loan from a finance institution; while they take action to improve their long term financial situation by improving the financial performance of their farm enterprise, finding alternative sources of income or re‑establishing themselves outside farming. #### 6AA Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. ## Part 1A—Ending farm household support, farm help income support and exceptional circumstances relief payments for small businesses #### 6A Ending farm household support (1) Farm household support is not payable to a person in respect of a day (the day in question) unless farm household support is payable to the person in respect of: (a) the cutoff day; and (b) each day between the cutoff day and the day in question. For this purpose, cutoff day means the day on which this section commenced. > Note: Example 1: Farm household support was not payable to a person in respect of the cutoff day. The person can never again become entitled to be paid farm household support for any period after the cutoff day. > Note: Example 2: Farm household support was payable to a person for a continuous period that started before the cutoff day and ended 3 months after the cutoff day. The person can never again become entitled to be paid farm household support for any period later than 3 months after the cutoff day. (2) This section has effect despite anything else in this Act. #### 6B Ending farm help income support Farm help income support is not payable to a person: (a) in respect of a claim lodged at a time that is after 30 June 2007, or such later day as is prescribed; or (b) in respect of any period that is after 30 June 2008, or such later day as is prescribed. #### 6C Ending exceptional circumstances relief payments for small businesses (1) Exceptional circumstances relief payment is not payable to a person who qualifies for the payment under subsection 8A(5) in respect of any period that is after 30 June 2008, or such later day as is prescribed. (2) Exceptional circumstances relief payment is not payable to a person who qualifies for the payment under subsection 8A(7) in respect of any period that is after 30 June 2009, or such later day as is prescribed. ## Part 2—Qualification for and payability of certain support and payments ### Division 1—Qualification for farm household support #### 7 Qualification for farm household support Subject to this Division, a person is qualified for farm household support in respect of a period if, throughout the period: (a) the person: (i) is a farmer; and (iii) is an Australian resident; and (iv) is in Australia; and (b) a certificate of inability to obtain finance issued in respect of the person has effect. #### 8 Persons not qualified if they have received farm household support for 2 years etc. (1) A person is not qualified, or ceases to be qualified, for farm household support if the person has received farm household support during a period of 2 years or during periods that add up to 2 years. (2) If: (a) farm household support becomes payable, or is payable, to a person; and (b) during a period beginning on or after the commencement of this Act and not earlier than 12 months before the day on which farm household support becomes or became payable to the person, the person, or the person’s partner (if any) at that time, was paid youth training allowance, job search allowance, newstart allowance, partner allowance, youth allowance or austudy payment; that period is taken, for the purposes of subsection (1), to be a period during which the person received farm household support. (3) If farm household support becomes payable, or is payable, to a person who has been, at any time, in receipt of Part C assistance by way of loans under a RAS scheme, any period during which the person received Part C assistance by way of loans under the RAS scheme is taken, for the purposes of subsection (1), to be a period during which the person received farm household support. ### Division 1A—Qualification for exceptional circumstances relief payment #### 8A Qualification for exceptional circumstances relief payment Qualification—farmers (1) A person is qualified for exceptional circumstances relief payment in respect of a period if: (a) the period begins on or after 1 October 1994; and (b) throughout the period: (i) the person: (A) is a farmer; and (B) contributes a significant part of his or her labour and capital to the farm enterprise; and (C) derives a significant part of his or her income from the farm enterprise; and (E) is an Australian resident; and (ii) an exceptional circumstances certificate issued in respect of the person has effect. Certificate (2) For the purposes of this section, an exceptional circumstances certificate issued in respect of the person is a certificate that: (a) is called an exceptional circumstances certificate; and (b) was issued, for a specified period, to the person by the Secretary; and (c) relates to the farm enterprise, or any of the farm enterprises, in respect of which the person is a farmer. Period of effect of certificate (3) A certificate only has effect for the period specified in it. (4) An exceptional circumstances certificate is not a legislative instrument. Qualification—small business operators supplying farm enterprises (5) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 7 November 2006 (the relevant period) if: (a) the person is an individual; and (b) throughout the relevant period: (i) the person carries on a small business in respect of which there is an ABN; and (ii) the person has a right or interest in the small business; and (iii) the person contributes a significant part of his or her labour and capital to the business; and (iv) the person derives a significant part of his or her income from the business; and (v) the person is an Australian resident; and (c) during an earlier period of normal turnover, 70% or more of the gross income of the business was derived from the supply of goods or services to farmers for use in relation to farm enterprises; and (d) the farm enterprises were situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the Rural Adjustment Act 1992); and (e) the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farm enterprises in that area. Earlier period of normal turnover (6) An earlier period of normal turnover is: (a) a continuous period of 2 years within the 7 years immediately preceding the relevant period; or (b) if the business has not been carried on for a continuous period of 2 years within the 7 years immediately preceding the relevant period—the period during which the business has been carried on. Qualification—small business operators supplying farmers, farm enterprise workers, or their families (7) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 25 September 2007 (the relevant period) if: (a) the person is an individual; and (b) throughout the relevant period: (i) the person carries on a small business in respect of which there is an ABN; and (ii) the person has a right or interest in the small business; and (iii) the person contributes a significant part of his or her labour and capital to the business; and (iv) the person derives a significant part of his or her income from the business; and (v) the person is an Australian resident; and (c) the business is situated wholly or partly within a town or locality that, throughout the relevant period, is covered by a determination made by the Minister under this paragraph; and (d) the town or locality is situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the Rural Adjustment Act 1992); and (e) the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farmers, farm enterprise workers, or their families. Minister’s determination (8) The Minister must not make a determination under paragraph (7)(c) in relation to a town or locality unless the Minister is satisfied that: (a) the population of the town or locality is 10,000 or less; and (b) the town or locality is substantially reliant on income derived from the supply of goods or services to farm enterprises, or to farmers, farm enterprise workers, or their families. (9) A determination made by the Minister under paragraph (7)(c) is not a legislative instrument. ### Division 1B—Qualification for farm help income support #### 8B Qualification for farm help income support (1) Subject to this Division, a person is qualified for farm help income support in respect of a period if: (a) the period begins on or after the farm help scheme payment commencement day; and (b) throughout the period, the person: (i) is a farmer; and (ii) is at least 18; and (iii) is an Australian resident; and (iv) is in Australia; and (c) for a continuous period (the qualifying period) of at least 2 years immediately before the period, the person: (i) has been a farmer; and (ii) has derived more than 50% of his or her gross income from the farm enterprise; and (iii) has contributed more than 50% of his or her capital to the farm enterprise; and (iv) has spent more than 50% of his or her working hours in work on the farm enterprise; and (d) the person has obtained either of the following: (i) advice from a prescribed adviser that there is no reasonable likelihood, immediately before the period begins, that the person would obtain a loan from a finance institution given the person’s financial situation; (ii) a certificate of inability to obtain finance that is in effect for the period; and (e) the person has obtained advice from a prescribed adviser on whether there is a reasonable likelihood of improving the financial performance of the farm enterprise; and (f) the person has developed a plan for the period directed towards assisting the person to do one or more of the following: (i) improve the financial performance of the farm enterprise; (ii) secure alternative sources of income; (iii) re‑establish himself or herself outside farming. (1A) A person is qualified for farm help income support even though the person does not satisfy subparagraph (1)(c)(ii), if the Secretary determines in writing that the person’s gross income from the farm enterprise during the qualifying period is significantly diminished because of: (a) drought, flood, bushfire or some other natural disaster; or (b) unforeseeable extreme variation in seasonal norms; or (c) market collapse; or (d) illness or disability. (2) Advice of the kind mentioned in subparagraph (1)(d)(i) and paragraph (1)(e) is advice on financial outlook. (3) A plan of the kind mentioned in paragraph (1)(f) is an activity plan. #### 8C Persons not qualified if Secretary determines that they do not effectively control farm enterprises A person is not qualified, or ceases to be qualified, for farm help income support in respect of a period if the Secretary determines that: (a) the person is not effectively in control of the farm enterprise for which the person claims farm help income support; and (b) farm help income support should not be payable to the person in respect of the period. > Note: Some examples of cases in which the Secretary may consider that a person is not effectively in control of a farm enterprise are when a mortgagee has taken possession of a farm, when a person is a bankrupt or when an eviction notice has been served on a person in respect of a farm. #### 8D Persons not qualified if they have received farm help income support for 1 year (1) A person is not qualified, or ceases to be qualified, for farm help income support if the person has received farm help income support in respect of a period of 1 year, or in respect of periods that add up to 1 year. (2) If a person’s partner (if any) during a period was paid farm help income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period during which the person received farm help income support. #### 8E Persons not qualified in relation to later claims for farm help income support in certain circumstances (1) A person is not qualified for farm help income support in respect of a particular claim if farm help income support has already been paid to the person in respect of a period of 6 months or more, or periods that add up to 6 months or more, pursuant to an earlier claim, or earlier claims. (2) If a person’s partner (if any) during a period was paid farm help income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period in respect of which the person has been paid farm help income support. (3) A person is not qualified for farm help income support in respect of a particular claim if farm help income support has already been paid to the person pursuant to 2 earlier claims. (4) If, when a claim is lodged, the person who makes the claim is another person’s partner, farm help income support paid to the person pursuant to the claim is taken, for the purposes of subsection (3), to be farm help income support paid to both the person and the person’s partner pursuant to the claim. #### 8F Persons not qualified because farm help income support interrupted by exceptional circumstances relief payment (1) A person is not qualified for farm help income support in respect of a particular claim if: (a) farm help income support has been paid to the person under an earlier claim; and (b) that support ceased to be payable because the person, or the person’s partner, received exceptional circumstances relief payment. (2) A person is not qualified for farm help income support in respect of a particular claim (the later claim) if: (a) at the time the later claim is made, the person has a partner; and (b) farm help income support has been paid to the partner under an earlier claim made by the partner; and (c) that support ceased to be payable because the partner, or the person, received exceptional circumstances relief payment. ### Division 1C—Qualification for clean energy advances #### 8G Person not of youth allowance age Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day: (a) the person is not of youth allowance age; and (b) the person receives exceptional circumstances relief payment; and (c) the person’s rate of payment is greater than nil; and (d) the person is in Australia. Qualification for days 1 July 2012 to 19 March 2013 (2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013: (a) the person is not of youth allowance age; and (b) the person receives exceptional circumstances relief payment; and (c) the person’s rate of payment is greater than nil; and (d) the person is in Australia. (3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (2)(a), (b) and (c); and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks. #### 8H Person of youth allowance age Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day: (a) the person is of youth allowance age; and (b) the person receives exceptional circumstances relief payment; and (c) the person’s rate of payment is greater than nil; and (d) the person is in Australia. Qualification for days 1 July 2012 to 30 June 2013 (2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013: (a) the person is of youth allowance age; and (b) the person receives exceptional circumstances relief payment; and (c) the person’s rate of payment is greater than nil; and (d) the person is in Australia. Qualification for days 1 July 2013 to 31 December 2013 (3) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013: (a) the person is of youth allowance age; and (b) the person receives exceptional circumstances relief payment; and (c) the person’s rate of payment is greater than nil; and (d) the person is in Australia. First day of qualification under subsection (2) or (3) (4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (a), (b) and (c) of that subsection; and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks. #### 8J Limits on qualifying for multiple advances (1) A person cannot qualify for more than one clean energy advance under section 8G. (2) A person can qualify for at most 2 clean energy advances under section 8H: (a) one under either subsection 8H(1) or (2); and (b) one under subsection 8H(3). (3) A person who has qualified for a clean energy advance under subsection 8H(1) cannot qualify for a clean energy advance under subsection 8G(1). > Note 1: Top‑up payments of clean energy advance may be payable under section 24F if the person’s circumstances change during the person’s clean energy advance period. > Note 2: A person who has qualified for a clean energy advance under subsection 8H(1) or (2) can qualify for a clean energy advance under subsection 8G(2). > Note 3: However, a second qualification mentioned in note 2 will only result in a further payment if it satisfies the criteria for a top‑up payment (see subsection 24C(3) and section 24D). ### Division 2—Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable #### 9 Overview of rules about non‑payability (1) Farm household support is not payable to a person for a period during which the person is qualified for farm household support if during that period: (aa) exceptional circumstances relief payment is payable to the person (see section 9A); or (a) no determination by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect (see section 10); or (b) the person is a full‑time student (see section 11); or (c) another support payment is being paid to the person (see section 12); or (d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 13). (2) Exceptional circumstances relief payment is not payable to a person for a period during which the person is qualified for exceptional circumstances relief payment if, during that period: (a) no determination by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect (see section 10); or (b) the person is a full‑time student (see section 11); or (c) another support payment is being paid to the person (see section 12); or (d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 13). (3) Farm help income support is not payable to a person for a period during which the person is qualified for farm help income support if, during that period: (a) farm household support or exceptional circumstances relief payment is payable to the person (see section 9B); or (b) no determination by the Secretary that the value of the person’s assets does not exceed the person’s asset value limit has effect (see section 10); or (c) the person is a full‑time student (see section 11); or (d) another support payment is being paid to the person (see section 12); or (e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth fund employment program (see section 13); or (f) a determination is made (in accordance with provisions of the farm help advice and training scheme) that farm help income support is not payable to the person for the period (see section 13A). #### 9A Farm household support not payable if exceptional circumstances relief payment is payable Farm household support is not, and is taken never to have been, payable to a person for a period if the person is receiving, or has received, exceptional circumstances relief payment in respect of that period. #### 9B Farm help income support not payable if farm household support or exceptional circumstances relief payment is payable Farm help income support is not, and is taken never to have been, payable to a person for a period if the person is receiving, or has received, farm household support or exceptional circumstances relief payment in respect of that period. > Note: See section 50 for automatic termination of farm help income support where exceptional circumstances relief payment is payable. #### 10 Assets test (1) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person during a period unless a determination (favourable determination) in writing by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect during that period. (2) The Secretary must determine whether the value of a person’s assets exceeds the person’s assets value limit: (a) if the person claims farm household support, exceptional circumstances relief payment or farm help income support—at the time when the claim is determined under section 18; and (b) if the person is receiving farm household support, exceptional circumstances relief payment or farm help income support—within the period of 6 months from the day on which the last favourable determination took effect. (3) The value of a person’s assets at a particular time is worked out by: (a) working out the person’s assets at that time that are not exempt assets for the purposes of this Act: (i) in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(1) and makes a claim for payment on the basis that the person qualifies under that subsection—because the person is a farmer; and (ii) in a case where a person qualifies for exceptional circumstances relief payment only under subsection 8A(5) or (7) and makes a claim for payment on the basis that the person qualifies under that subsection—because the person carries on a small business; and (iii) in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(5) or (7) and, but for subsubparagraph 8A(1)(b)(i)(C), would also qualify under subsection 8A(1) for the payment—because the person carries on a small business and because the person is a farmer; and (iv) in any other case—because the person is a farmer; and (b) working out the value of those assets in accordance with Parts 3.12 and 3.18 of the Social Security Act 1991. (4) A person’s assets value limit at a particular time for the purposes of this Act is equal to the amount that would be the person’s assets value limit at that time for the purposes of Part 2.12 of the Social Security Act 1991 if at that time the person had made a claim for, or was in receipt of, newstart allowance under that Act (see subsection 611(2) and section 612 of the Social Security Act 1991). (5) A favourable determination: (a) must specify the day (operative day) on which it takes effect; and (b) unless sooner revoked, continues to have effect: (i) if the next determination in respect of the person’s assets takes effect less than 6 months after the operative day—until that determination takes effect; or (ii) if subparagraph (i) does not apply—at the end of 6 months from the operative day. #### 11 Full‑time students (1) Subject to subsection (2), farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person who is enrolled in a full‑time course of education or of vocational training for the period that: (a) starts when the person starts the course; and (b) finishes when the person: (i) completes the course; or (ii) abandons the course; or (iii) gives notice to the provider of the course that the person: (A) wishes to withdraw from the course; or (B) wishes to withdraw from a number of subjects so that the person’s course will no longer be a full‑time course; and (c) includes periods of vacation. (2) Subsection (1) does not prevent farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, from being payable for any period during which the person has deferred a course of education or of vocational training. #### 12 Multiple entitlement exclusion (1) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving a social security benefit, a social security pension or a service pension. (1A) If a person is a member of a couple, exceptional circumstances relief payment or farm help income support is not payable to the person for a period if the person’s partner is receiving, or has received, any of the following for that period: (a) farm household support; (b) exceptional circumstances relief payment; (c) farm help income support. (2) If a person is a member of a couple, farm household support, exceptional circumstances relief payment or farm help income support is not payable to the person if the person’s partner is receiving a newstart allowance, youth allowance or austudy payment. (3) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit. (4) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act. (4A) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act 2004 (including a reduced weekly amount because of a choice under section 236 of that Act) or has received a lump sum mentioned in subsection 236(5) of that Act. (5) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part‑time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees. (6) If: (a) a person enrols in a full‑time course of education; and (b) a payment under a scheme referred to in subsection (5) may be made in respect of the person; the Secretary may decide that, in spite of subsection (5), farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, is payable to the person for a period before the person starts the course. (7) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(1) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(5) or (7). (8) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(5) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (7). (9) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(7) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (5). #### 13 Commonwealth funded employment program exclusion Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person for a period if the person has received, or may receive, income for that period that is paid by a community or group from funds provided under a Commonwealth funded employment program. #### 13A Obligation to obtain advice (1) The Secretary may direct a person to whom farm help income support is payable to obtain advice as specified in the direction. The direction must be consistent with the guidelines contained in the farm help advice and training scheme (see paragraph 52B(3)(a)). (2) The Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraph 52B(3)(b)) for the purpose of complying with the direction. (3) If the person does not comply with the direction, the consequences for the continued payability of farm help income support to the person are as determined in accordance with the provisions of the farm help advice and training scheme referred to in paragraph 52B(3)(c). ## Part 3—Claim for farm household support, exceptional circumstances relief payment or farm help income support #### 14 Need for a claim (1) A person who wants to be granted farm household support, exceptional circumstances relief payment or farm help income support must make a proper claim for that support or for that payment, as the case requires. > Note: A claim is not required for a clean energy advance. (2) For the purposes of subsection (1), where: (a) a claim for farm household support, exceptional circumstances relief payment or farm help income support is made by or on behalf of a person; and (b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that support or payment; the claim is taken not to have been made. #### 15 Form of claim To be a proper claim, a claim must: (a) be made in writing; and (b) be in accordance with a form approved in writing by the Secretary. #### 16 Lodgment of claim (1) To be a proper claim, a claim must be lodged: (a) at an office of the Department; or (b) at a place approved for the purpose by the Secretary; or (c) with a person approved for the purpose by the Secretary. (2) A place or person approved under subsection (1) must be a place or person in Australia. #### 17 Claimant must be Australian resident and in Australia A claim by a person is not a proper claim unless the person is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is lodged. #### 18 Secretary to determine claim The Secretary must, in accordance with this Act, determine the claim. #### 19 Grant of claim (1) The Secretary is to determine that the claim is to be granted if the claim is for farm household support and the Secretary is satisfied that: (a) the person is qualified for farm household support; and (b) no provision of this Act makes the support not payable to the person. (2) The Secretary is to determine that the claim is to be granted if the claim is for exceptional circumstances relief payment and the Secretary is satisfied that: (a) the person is qualified for exceptional circumstances relief payment; and (b) no provision of this Act makes the payment not payable to the person. (3) Subject to subsection (4), the Secretary is to determine that the claim is to be granted if the claim is for farm help income support and the Secretary is satisfied that: (a) the person is qualified for farm help income support; and (b) no provision of this Act makes the support not payable to the person. (4) If the Secretary is satisfied that a person who has made a claim for farm help income support would suffer severe financial hardship if the person were required to obtain advice on financial outlook or develop an activity plan before accessing that support, the Secretary may grant the claim even if those things have not been done. (5) If the Secretary grants the claim in reliance on subsection (4), the Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraphs 52B(3)(d) and (e)) so that the person can obtain advice on financial outlook and develop an activity plan. > Note: If the advice is not obtained and the plan is not developed within 3 months of the claim being granted, farm help income support will cease to be payable under section 51. (6) If: (a) a person makes a claim for a farm help advice and training grant; and (b) the claim contains information relevant to the question whether the person would qualify for farm help income support, or whether farm help income support would be payable; and (c) within a period of 3 months beginning on the day on which the claim for the farm help advice and training grant is made, the person makes a claim for farm help income support; the Secretary may rely on that information in determining the claim for farm help income support. #### 20 Date of effect of determination (1) Subject to subsections (2), (3) and (4), a determination under section 19 takes effect: (a) on the day on which the determination is made; or (b) if a later day or earlier day is specified in the determination—on that day. (2) If: (a) a decision (previous decision) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and (b) a notice is given to the person advising the person of the making of the previous decision; and (c) the person applies to the Secretary under section 1240 of the Social Security Act 1991, within 3 months after the notice is given, for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. (3) If: (a) a decision (previous decision) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and (b) a notice is given to the person advising the person of the making of the previous decision; and (c) the person applies to the Secretary under section 1240 of the Social Security Act 1991, more than 3 months after the notice is given, for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the person sought the review. (4) If: (a) a decision (previous decision) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and (b) no notice is given to the person advising the person of the making of the previous decision; and (c) the person applies to the Secretary under section 1240 of the Social Security Act 1991 for review of the previous decision; and (d) a determination granting the claim is made as a result of the application for review; the determination takes effect on the day on which the previous decision took effect. ## Part 4—Rate of farm household support, exceptional circumstances relief payment or farm help income support ### Division 1—Rate of farm household support #### Subdivision A—Maximum fortnightly rate #### 21 Maximum fortnightly rate of farm household support—to be determined by Secretary (1) If the Secretary determines that a person’s claim for farm household support is to be granted, the Secretary must, at the same time, determine the maximum fortnightly rate at which farm household support may be paid to the person. (2) A determination (maximum rate determination) by the Secretary of the maximum fortnightly rate at which farm household support may be paid to the person: (a) must be in writing; and (b) must specify the day on which it takes effect; and (c) unless sooner revoked, has effect for a period of 6 months. (3) Unless the person has ceased to receive farm household support, the Secretary must, before a maximum rate determination in respect of the person ceases to have effect, make a new maximum rate determination in respect of the person that is specified to take effect on the first day after the current determination ceases to have effect. (4) The Secretary may, at any time, on receiving a written request from the person: (a) revoke the maximum rate determination that has effect in respect of a person; and (b) make a new maximum rate determination in respect of the person specifying a higher maximum fortnightly rate; if the Secretary is satisfied, having regard to the person’s changed circumstances, that a higher maximum fortnightly rate in respect of the person may be determined. #### Subdivision B—Applicable rate #### 23 Declaration by applicant or recipient (1) Subject to subsection (2), a person: (a) who has made a claim for farm household support; or (b) to whom farm household support is payable; may, at any time, declare in writing the fortnightly rate at which the person wishes to be paid farm household support. (2) A person may not declare a rate that is higher than the maximum fortnightly rate in relation to the person. (3) A declaration by a person under subsection (1) has effect until: (a) the person revokes the declaration in writing; or (b) the person makes another declaration under subsection (1); or (c) the Secretary determines under section 21 a maximum fortnightly rate in relation to the person that is lower than the rate specified in the declaration; or (d) farm household support ceases to be payable to the person. #### 24 Applicable rate The applicable rate in relation to a person is: (a) if a declaration made by the person under section 23 has effect—the rate specified in the declaration; or (b) if paragraph (a) does not apply—the maximum fortnightly rate in relation to the person. ### Division 2—Rate of exceptional circumstances relief payment #### 24A Rate of exceptional circumstances relief payment—how worked out for farmers (1) The fortnightly rate at which exceptional circumstances relief payment is payable to a person who qualifies for the payment under subsection 8A(1) is the sum of the following rates: (a) the fortnightly rate at which: (i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or (ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance; (b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates. (1A) For the purposes of subsection (1): > income support payment rate, in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments: (a) social security pension; (b) a social security benefit (except newstart allowance or youth allowance); (d) a pension under Part II, III or IV of the Veterans’ Entitlements Act 1986. > partner allowance rate, in relation to a person’s partner, means the fortnightly rate at which: (a) that partner is receiving partner allowance; or (b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance. (2) For the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is to be disregarded. (3) In calculating a rate referred to in subsection (1), exempt livestock proceeds are to be disregarded. $20,000 in off‑farm salary and wages disregarded (4) For the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during the period: (a) beginning at the start of 1 July 2007; and (b) ending at the end of 30 June 2009, or, if a later day is prescribed, at the end of that later day (the closing day); disregard the off‑farm salary and wages of the person, or if the person is a member of a couple, the off‑farm salary and wages of the person and the person’s partner, in the amount worked out under subsections (5) and (6). (5) Except in a case to which subsection (6) applies, for a fortnight which falls in whole or in part in a particular financial year, disregard the lesser of: (a) the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, for the fortnight; and (b) the amount worked out using the following formula: ![](image.002.png) where: amount previously disregarded in that financial year means the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in that financial year, because of a previous application, or previous applications, of this subsection and subsection (4). number of days remaining in that financial year means the number of days in the period beginning at the start of the fortnight, and ending at the end of 30 June in that financial year. (6) If the closing day is not 30 June, then for a fortnight which falls in whole or in part in the period beginning at the start of the immediately preceding 1 July and ending at the end of the closing day, disregard the lesser of: (a) the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, for the fortnight; and (b) the amount worked out using the following formula: ![](image.003.png) where: amount previously disregarded in the period means the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in the period, because of a previous application, or previous applications, of this subsection and subsection (4). number of days remaining in the period means the number of days in the period beginning at the start of the fortnight, and ending at the end of the closing day. (7) A person’s off‑farm salary and wages are salary and wages that are not earned from work that is in any way related to a farm enterprise in respect of which the person or, where the person is a member of a couple, the person’s partner, is a farmer. Farmers hardship bonus disregarded (8) To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the Social Security Act 1991 is to be disregarded. Income support bonus disregarded (8A) To avoid doubt, in calculating a rate referred to in subsection (1), any income support bonus under the Social Security Act 1991 is to be disregarded. Certain superannuation contributions disregarded (9) For the purposes of calculating a rate referred to in subsection (1) for a person who has not reached pension age, disregard contributions made by the person’s employer to a superannuation fund or RSA for the person’s benefit, other than contributions made by a company or trust if the person is: (a) an attributable stakeholder of the company or trust; or (b) an associate under paragraph 1207C(1)(e), (h), (i) or (j) of the Social Security Act 1991 of a person who is an attributable stakeholder of the company or trust. > Note: Those paragraphs of the Social Security Act 1991 cover a relative, a business partner, a spouse or child of a business partner and a trustee of a trust (where the person concerned can benefit from the trust). (10) In subsection (9): > attributable stakeholder of a company or trust has the meaning given by section 1207X of the Social Security Act 1991. > pension age has the meaning given by section 23 of the Social Security Act 1991. > RSA has the meaning given by the Retirement Savings Accounts Act 1997. > superannuation fund has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993. #### 24AA Rate of exceptional circumstances relief payment—how worked out for small business operators (1) The fortnightly rate at which exceptional circumstances relief payment is payable to a person who qualifies for the payment under subsection 8A(5) or (7) is the sum of the following rates: (a) the fortnightly rate at which: (i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or (ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance; (b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates. (2) For the purposes of subsection (1): > income support payment rate, in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments: (a) social security pension; (b) a social security benefit (except newstart allowance or youth allowance); (c) a pension under Part II, III or IV of the Veterans’ Entitlements Act 1986. > partner allowance rate, in relation to a person’s partner, means the fortnightly rate at which: (a) that partner is receiving partner allowance; or (b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance. (3) For the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person carries on a small business is to be disregarded. (4) If, but for subsubparagraph 8A(1)(b)(i)(C), the person would also qualify for exceptional circumstances relief payment under subsection 8A(1), then, for the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is also to be disregarded. $20,000 in salary and wages from other sources disregarded—whole financial years (5) For the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during: (b) the 2007‑08 financial year; or (ba) the 2008‑09 financial year; or (c) if 30 June in a later year is prescribed as the closing day for the purposes of this section, a later financial year that ends at the end of that closing day; disregard the salary and wages of the person from other sources or, if the person is a member of a couple, the salary and wages of the person and the person’s partner from other sources, in the amount worked out under subsection (6). (6) Disregard the lesser of: (a) the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources for the fortnight; and (b) the amount worked out using the following formula: ![](image.002.png) where: amount previously disregarded in that financial year means the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in that financial year, because of a previous application, or previous applications, of this subsection and subsection (5). number of days remaining in that financial year means the number of days in the period beginning at the start of the fortnight, and ending at the end of 30 June in that financial year. $20,000 in salary and wages from other sources disregarded—part financial years (7) If a closing day is prescribed for the purposes of this section that is not 30 June, then, for the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during the period: (a) beginning at the start of the immediately preceding 1 July; and (b) ending at the end of the closing day; disregard the salary and wages of the person from other sources or, if the person is a member of a couple, the salary and wages of the person and the person’s partner from other sources, in the amount worked out under subsection (8). (8) Disregard the lesser of: (a) the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources for the fortnight; and (b) the amount worked out using the following formula: ![](image.003.png) where: amount previously disregarded in the period means the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in the period, because of a previous application, or previous applications, of this subsection and subsection (7). number of days remaining in the period means the number of days in the period beginning at the start of the fortnight, and ending at the end of the closing day. (9) A person’s salary and wages from other sources are salary and wages that are not earned from work that is in any way related to the small business carried on by the person or, where the person is a member of a couple, the person’s partner. Farmers hardship bonus disregarded (10) To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the Social Security Act 1991 is to be disregarded. Income support bonus disregarded (10A) To avoid doubt, in calculating a rate referred to in subsection (1), any income support bonus under the Social Security Act 1991 is to be disregarded. Certain superannuation contributions disregarded (11) For the purposes of calculating a rate referred to in subsection (1) for a person who has not reached pension age (within the meaning of section 23 of the Social Security Act 1991), disregard contributions that are disregarded under subsection 24A(9). ### Division 3—Rate of farm help income support #### 24B Rate of farm help income support—how worked out (1) The fortnightly rate at which farm help income support is payable to a person is the sum of: (a) the fortnightly rate at which: (i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or (ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance; and (b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates. (2) For the purposes of subsection (1): > income support payment rate, in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments: (a) social security pension; (b) a social security benefit (except newstart allowance or youth allowance); (d) a pension under Part II, III or IV of the Veterans’ Entitlements Act 1986. > partner allowance rate, in relation to a person’s partner, means the fortnightly rate at which: (a) that partner is receiving partner allowance; or (b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance. (3) In calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is to be disregarded. (4) In calculating a rate referred to in this section, exempt livestock proceeds are to be disregarded. (5) To avoid doubt, in calculating a rate referred to in this section, any farmers hardship bonus under the Social Security Act 1991 is to be disregarded. (6) To avoid doubt, in calculating a rate referred to in this section, any income support bonus under the Social Security Act 1991 is to be disregarded. ## Part 4A—Amount of a clean energy advance #### 24C Amount of a clean energy advance (1) On the day (the decision day) that the Secretary determines that a person (the recipient) is qualified for a clean energy advance, the Secretary must work out the amount of the advance. > Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C). (2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10: ![](image.004.png) (3) However, no amount is payable under this section for the qualification if: (a) the qualification is under section 8G; and (b) a clean energy advance has already been paid to the recipient for a qualification under section 8H. > Note: The qualification under section 8G may result in a top‑up payment under section 24F. #### 24D Clean energy advance daily rate Recipient has reached pension age (1) If the recipient reaches pension age on or before the decision day, the recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of: (i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and (ii) the combined couple rate of pension supplement for 1 July 2012; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and (c) adding $5.20 to the result of paragraph (b); and (d) applying the applicable percentage in the following table to the result of paragraph (c); and (e) dividing the result of paragraph (d) by 364. ```html <table cellspacing="0" cellpadding="0" style="margin-left:56.7pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:287.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Percentage to be applied</td></tr><tr><td style="width:24.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:166.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Recipient’s family situation on the advance qualification day</td><td style="width:74.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Use this %</td></tr></thead><tbody><tr><td style="width:24.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:166.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Not a member of a couple</td><td style="width:74.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">66.33%</td></tr><tr><td style="width:24.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:166.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Partnered</td><td style="width:74.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">50%</td></tr><tr><td style="width:24.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:166.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Member of an illness separated couple</td><td style="width:74.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">66.33%</td></tr><tr><td style="width:24.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:166.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Member of a respite care couple</td><td style="width:74.5pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">66.33%</td></tr><tr><td style="width:24.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">5</td><td style="width:166.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Partnered (partner in gaol)</td><td style="width:74.5pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">66.33%</td></tr></tbody></table> ``` Recipient under pension age but not of youth allowance age (2) If the recipient is not covered by subsection (1) and is not of youth allowance age on the advance qualification day, the recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for newstart allowance, worked out: (i) for 1 July 2012; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. Recipient under 21 with a partial capacity to work (3) If, on the advance qualification day, the recipient is under 21 and has a partial capacity to work, the recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for youth allowance, worked out: (i) for the first day of the recipient’s clean energy advance period; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. Other recipients of youth allowance age (4) If, on the advance qualification day, the recipient is of youth allowance age and not covered by subsection (3), the recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for youth allowance, worked out: (i) for the first day of the recipient’s clean energy advance period; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14. #### 24E Number of advance days The recipient’s number of advance days is the number of days in the recipient’s clean energy advance period that are on or after: (a) if the recipient qualifies for the clean energy advance before 1 July 2012—1 July 2012; or (b) otherwise—the advance qualification day. #### 24F Top‑up payments of clean energy advance Work out adjusted amount if circumstances change (1) If: (a) the Secretary pays a clean energy advance (the original payment) to the recipient; and (b) the recipient’s circumstances change on a day (the change day) before the end of the recipient’s clean energy advance period; work out an amount under subsection (3). However, if this section has previously applied to the recipient, work out an amount under subsection (4). When a top‑up is payable (2) If the total of: (a) the original payment; and (b) any previous payments under this subsection; falls short of the amount worked out under subsection (3) or (4) (as applicable), the recipient is qualified for a further payment of clean energy advance equal to the amount of the shortfall. > Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C). Adjusted amount for the earliest change day (3) For the purposes of subsection (1), round up to the nearest multiple of $10 the result of the formula: ![](image.005.png) where: > first pro‑rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if: (a) the advance qualification day were the change day; and (b) if the change day is specified in a determination, for the recipient, under subsection 8G(2) because of subsection 8G(3): (i) the recipient’s clean energy advance period were worked out by reference to the qualification resulting from that determination; and (ii) the reference in subsection 24D(1) to the decision day were a reference to the change day. > Note: Paragraph (b) only applies if the recipient qualifies a second time for a clean energy advance, this time under section 8G (whereas the recipient qualified for the original payment under section 8H). > original pro‑rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if the recipient’s number of advance days did not include days on or after the change day. > Note: The formula set out in subsection 24C(2) does not include the rounding mentioned in that subsection. Adjusted amount for later change days (4) For the purposes of subsection (1), round up to the nearest multiple of $10 the sum of the following: (a) the original pro‑rata amount worked out under subsection (3) for the earliest change day; (b) the first pro‑rata amount worked out under subsection (3) for the earliest change day but as if the number of advance days did not include days on or after the next change day; (c) the amount for each change day later than the earliest worked out in a way corresponding to the way the first pro‑rata amount was worked out under paragraph (b) for the earliest change day. ## Part 5—Payment of certain support and payments #### 25 Commencement of payment (1) Farm household support becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for farm household support is to be granted takes effect (see section 20). (2) Exceptional circumstances relief payment becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for exceptional circumstances relief payment is to be granted takes effect (see section 20). (3) Farm help income support becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for farm help income support is to be granted takes effect (see section 20). (4) Clean energy advance becomes payable to a person qualified for the advance on the day the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made. However, the Secretary must not pay the advance if the Secretary is aware that the person has died. > Note: This subsection applies to a qualification under section 8G, 8H or 24F. #### 26 Support to be by way of grant Farm household support is paid to a person by way of grant of financial assistance to the person. #### 26A Exceptional circumstances relief payment to be by way of grant Exceptional circumstances relief payment is paid to a person by way of grant of financial assistance to the person. #### 26B Farm help income support to be by way of grant Farm help income support is paid to a person by way of grant of financial assistance to the person. #### 26C Clean energy advance to be by way of a single lump sum Clean energy advance is paid to a person in a single lump sum in such manner as the Secretary considers appropriate. > Note: An amount of clean energy advance may be reduced for the purpose of recovering a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991). #### 27 Rate at which farm household support payable Farm household support is payable to a person at the applicable rate in relation to the person. #### 28 Instalments (1) Farm household support, exceptional circumstances relief payment or farm help income support is to be paid by instalments for periods determined by the Secretary. (2) The instalments are to be paid at the times determined by the Secretary. #### 29 Amount of instalments of farm household support The instalment of farm household support payable for a period to a person is: ![](image.006.png) > Note: for the person’s applicable rate see section 24. #### 29A Amount of instalments of exceptional circumstances relief payment The instalment of exceptional circumstances relief payment payable for a period to a person is worked out using the formula: ![](image.007.png) > Note 1: For the person’s rate, see section 24A. > Note 2: An instalment of exceptional circumstances relief payment may be reduced for the purpose of the recovery of a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991). #### 29B Amount of instalments of farm help income support The instalment of farm help income support payable for a period to a person is worked out using the formula: ![](image.008.png) > Note 1: For the person’s rate, see section 24B. > Note 2: An instalment of farm help income support may be reduced for the purpose of the recovery of a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991). #### 30 Rounding off instalment (1) If the amount of an instalment is: (a) a number of whole dollars and a part of a cent; or (b) a number of whole dollars and cents and a part of a cent; the amount is, subject to subsection (2), to be increased or decreased to the nearest whole cent. (2) If the amount of an instalment is: (a) a number of whole dollars and 0.5 cent; or (b) a number of whole dollars and cents and 0.5 cent; the amount is to be increased by 0.5 cent. #### 31 Instalment to be paid to person or nominee (1) Subject to subsection (3), instalments of a person’s farm household support, exceptional circumstances relief payment or farm help income support are to be paid to that person. (2) The Secretary may direct that the whole or part of any of those instalments is to be paid to someone else on behalf of the person. (3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction. #### 32 Method of payment (1) An amount that is to be paid to a person under section 31 is to be paid at the intervals that the Secretary specifies. (2) The person to whom an amount is payable may direct that it be paid to the credit of a nominated bank account maintained by that person (either alone or jointly with another person). (3) If the person has not given a direction under subsection (2), the Secretary may direct that the whole or a part of the amount be paid to the person in a way different to those provided for in that subsection. (4) If the person gives a direction under subsection (2), or the Secretary gives a direction under subsection (3), the amount is to be paid in accordance with the direction. #### 33 Where instalment payable on public holiday etc. If the Secretary is satisfied that an instalment of farm household support, exceptional circumstances relief payment or farm help income support that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day. ## Part 6—Former RAS (Part C) beneficiary ### Division 1—General #### 34 Former RAS (Part C) beneficiary not required to make a claim under Part 3 but may do so (1) A person who, immediately before the commencement of this Act, was receiving Part C assistance by way of loans under a RAS scheme is, on the commencement of this Act, entitled to receive farm household support without making a claim under Part 3. (2) Farm household support is then payable to the person at the rate, and for the period set out, in Division 2 of this Part. (3) If a former RAS (Part C) beneficiary so wishes, he or she may, at any time before farm household support ceases to be payable to him or her, make a claim for farm household support under Part 3. (4) If a former RAS (Part C) beneficiary makes such a claim, he or she is subject to all the provisions of this Act regarding qualification for, and payability of, farm household support (Part 2). (5) If the Secretary determines that the claim is to be granted, farm household support is payable to the former RAS (Part C) beneficiary under Part 5. ### Division 2—Entitlement to farm household support when no claim made under Part 3 #### 35 Application This Division applies to a former RAS (Part C) beneficiary unless: (a) he or she has made a claim for farm household support under Part 3; and (b) the Secretary has determined under section 19 that the claim is to be granted. #### 36 Qualification for farm household support A former RAS (Part C) beneficiary is qualified for farm household support in respect of a period equal to 2 years less the period during which he or she received Part C assistance by way of loans under the RAS scheme applicable to him or her immediately before the commencement of this Act. #### 37 Certain provisions of Act not applicable Parts 2, 3 and 4 and sections 25 and 29, to the extent to which those Parts and sections deal with qualification for, or payments of, farm household support, do not apply to a RAS (Part C) beneficiary. #### 38 Commencement of farm household support Farm household support becomes payable to a former RAS (Part C) beneficiary on the day on which this Act commences. #### 39 Amount of instalment of farm household support (1) The instalment of farm household support payable to a former RAS (Part C) beneficiary for a period determined under section 28 is: ![](image.009.png) (2) For the purposes of subsection (1), the applicable RAS rate in relation to a former RAS (Part C) beneficiary is the fortnightly rate that applied for the last payment of Part C assistance made by way of loan to him or her before the commencement of this Act under the RAS scheme applicable to him or her. ## Part 7—Recipient’s obligations #### 41 Secretary may require notice of the happening of an event or a change in circumstances (1) The Secretary may give a person to whom farm household support, exceptional circumstances relief payment or farm help income support is being paid a notice that requires the person to inform the Department if: (a) a specified event or change of circumstances occurs; or (b) the person becomes aware that a specified event or change of circumstances is likely to occur. (2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances may affect the payment of farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, to the person. (3) A notice under subsection (1): (a) must be in writing; and (b) may be given personally or by post; and (c) must specify how the person is to give the information to the Department; and (d) must specify the period within which the person is to give the information to the Department. (4) The period specified under paragraph (3)(d) must end at least 14 days after the earlier of: (a) the day on which the event or change of circumstances occurs; or (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur. (5) A person must not refuse or fail to comply with a notice under subsection (1). Penalty: Imprisonment for 6 months. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act. (5A) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice. > Note: The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code. (5B) Subsection (5) does not apply to the extent that the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code. (5C) An offence under subsection (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (7) This section extends to: (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and (b) all persons irrespective of their nationality or citizenship. #### 42 Secretary may require recipient to give particular information relevant to payment of farm household support, exceptional circumstances relief payment or farm help income support (1) The Secretary may give a person to whom farm household support, exceptional circumstances relief payment or farm help income support is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the support or the exceptional circumstances relief payment, as the case requires, to the person. (2) A notice under subsection (1): (a) must be in writing; and (b) must be given personally or by post; and (c) must specify how the statement is to be given to the Department; and (d) must specify the period within which the person is to give the statement to the Department. (3) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given. (4) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary. (5) A person must not refuse or fail to comply with a notice under subsection (1). Penalty: Imprisonment for 6 months. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act. (5A) Subsection (5) does not apply to the extent that the person is not capable of complying with the notice. > Note: The defendant bears an evidential burden in relation to the matter in subsection (5A). See subsection 13.3(3) of the Criminal Code. (5B) Subsection (5) does not apply to the extent that the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code. (5C) An offence under subsection (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (7) This section extends to: (a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and (b) all persons irrespective of their nationality or citizenship. ## Part 8—Termination of farm household support, exceptional circumstances relief payment or farm help income support #### 43 Automatic termination—social security benefit etc. payable (1) If a person is receiving farm household support, exceptional circumstances relief payment or farm help income support and: (a) a social security benefit, a social security pension or a service pension becomes payable to the person; or (b) newstart allowance, youth allowance or austudy payment becomes payable to the person’s partner; farm household support, exceptional circumstances relief payment or farm help income support (as the case requires) ceases to be payable to the person immediately before the day on which: (c) the allowance, pension or benefit becomes payable to the person; or (d) newstart allowance, youth allowance or austudy payment becomes payable to the person’s partner. (2) If a person is receiving farm household support, exceptional circumstances relief payment or farm help income support, and the person: (a) starts a full‑time course of education or of vocational training; or (b) resumes study on a deferred full‑time course of education or of vocational training; farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, ceases to be payable to the person immediately before the day on which the person starts, or resumes study on, the course. #### 44 Automatic termination—recipient complying with section 41 notification obligations If: (a) a person who is receiving farm household support, exceptional circumstances relief payment or farm help income support is given a notice under section 41; and (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (notification period); and (c) the event or change in circumstances occurs; and (d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change in circumstances: (i) the person ceases to be qualified for farm household support, exceptional circumstances relief payment or farm help income support, as the case requires; or (ii) farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, would, apart from this section, cease to be payable to the person; and (f) farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, is not cancelled before the end of the notification period; farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, continues to be payable to the person until the end of the notification period and then ceases to be payable to the person. #### 45 Automatic termination—recipient not complying with section 41 notification obligations If: (a) a person who is receiving farm household support, exceptional circumstances relief payment or farm help income support is given a notice under section 41; and (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (notification period); and (c) the event or change in circumstances occurs; and (d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change in circumstances: (i) the person ceases to be qualified for farm household support, exceptional circumstances relief payment or farm help income support, as the case requires; or (ii) farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, ceases to be payable to the person; farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs. #### 46 Automatic termination—failure to provide section 42 statement (1) If: (a) a person who is receiving farm household support, exceptional circumstances relief payment or farm help income support is given a notice under section 42 requiring the person to give the Department a statement; and (b) the notice relates to the payment of that support or that exceptional circumstances relief payment, as the case requires, in respect of a period specified in the notice; and (c) the person does not comply with the notice; the support or the exceptional circumstances relief payment, as the case requires, subject to subsection (2), ceases to be payable to the person as from the first day in that period. (2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day specified in the determination. (3) The day specified under subsection (2) may be before or after the making of the determination. #### 47 Termination—determination by Secretary that recipient no longer in need If at any time within the period in respect of which a person is qualified for farm household support, exceptional circumstances relief payment or farm help income support, the Secretary is satisfied, and determines in writing, that because of a change in the financial situation of the person, the person is no longer in need of farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, then farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, ceases to be payable to the person immediately before the day on which the determination is made. #### 48 Termination—at request of recipient or if recipient ceases to be qualified (1) Farm household support ceases to be payable to a person if: (a) the person asks the Secretary in writing to stop paying instalments of farm household support to him or her; or (b) the person ceases to be qualified for farm household support. (2) Exceptional circumstances relief payment ceases to be payable to a person if: (a) the person asks the Secretary in writing to stop paying instalments of exceptional circumstances relief payment to him or her; or (b) the person ceases to be qualified for exceptional circumstances relief payment. (3) Farm help income support ceases to be payable to a person if: (a) the person asks the Secretary in writing to stop paying instalments of farm help income support to him or her; or (b) the person ceases to be qualified for farm help income support. #### 49 Termination—death of recipient If a person who is receiving farm household support, exceptional circumstances relief payment or farm help income support dies: (a) the farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, is taken to have ceased to be payable to the person immediately before the commencement of the instalment period (final instalment period) current at the time of his or her death; and (b) an amount equal to the instalment of farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, that would have been payable to the person in respect of the final instalment period if he or she had not died is to be paid as a grant to the person’s estate. #### 49A Automatic termination—overseas absence (1) This section applies if: (a) a person is continuously absent from Australia throughout a period (the period of absence); and (b) either: (i) immediately before the period of absence started, the person was receiving exceptional circumstances relief payment; or (ii) during the period of absence, the person’s claim for such a payment is granted. (2) Exceptional circumstances relief payment ceases to be payable to the person if, were the payment newstart allowance and Part 4.2 of the Social Security Act 1991 applied, it would not be payable to the person because of that Part. (3) Exceptional circumstances relief payment ceases to be payable on the first day that it would not be payable to the person because of that Part. (4) For the purposes of this section, the Secretary may exercise any powers in relation to exceptional circumstances relief payment that the Secretary referred to in Part 4.2 of the Social Security Act 1991 may exercise in relation to that Part in relation to newstart allowance. (5) If regulations made under this section specify a purpose for the purposes of paragraph 1212B(c) of the Social Security Act 1991, the Secretary is to exercise the powers referred to in subsection (4) as if the purpose specified were a purpose specified in regulations made under that paragraph. #### 50 Automatic termination—exceptional circumstances relief payment received Farm help income support ceases, and is taken to have ceased, to be payable to a person at the beginning of a period if the person, or the person’s partner, is receiving, or has received, exceptional circumstances relief payment in respect of that period. #### 51 Automatic termination—failure to obtain advice on financial outlook or develop activity plan If: (a) the Secretary has granted a claim for farm help income support by a person in reliance on subsection 19(4) (severe financial hardship); and (b) the person fails to obtain advice on financial outlook or develop an activity plan within a period of 3 months beginning on the day on which the claim is granted; farm help income support ceases to be payable immediately after the end of that 3 month period. #### 52 Termination by the Secretary—failure to comply with an activity plan (1) Farm help income support ceases to be payable to a person if the Secretary makes a determination in writing that he or she is satisfied that the person has failed to comply with the person’s activity plan. (2) Farm help income support ceases to be payable on the day on which the determination is made. ## Part 9A—Farm help re‑establishment grant scheme #### 52A Farm help re‑establishment grant scheme (1) The Minister may, by written instrument: (a) formulate a scheme: (i) to encourage farmers who are unable to meet their living expenses to leave farming; and (ii) to achieve this end by providing payments to those farmers, to be made after 1 December 1997, by way of grant of financial assistance on the sale of farm enterprises; and (b) provide for the implementation and regulation of the scheme. On and after the farm help scheme payment commencement day, the scheme is to be known as the farm help re‑establishment grant scheme and a grant is to be known as a re‑establishment grant. (2) Without limiting subsection (1), the scheme may deal with: (a) the circumstances in which people are qualified to apply for re‑establishment grants; and (b) the procedure for applying for a grant; and (c) the circumstances in which a grant is payable; and (d) the amount of grant payable; and (e) the method for paying a grant. (3) The scheme may provide for the Secretary to direct a person who has applied for a re‑establishment grant to obtain advice as specified in the direction. The direction must be consistent with the guidelines contained in the farm help advice and training scheme (see paragraph 52B(3)(a)). (4) If the Secretary gives a direction referred to in subsection (3), the Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraph 52B(3)(b)) for the purpose of complying with the direction. (5) The consequences for the payability of a re‑establishment grant to a person who does not comply with a direction referred to in subsection (3) are as determined in accordance with the provisions of the farm help advice and training scheme referred to in paragraph 52B(3)(c). (5A) The scheme may provide for the disclosure of dairy‑type grant information: (a) to the Dairy Adjustment Authority in connection with the administration of: (i) the DSAP scheme (within the meaning of Schedule 2 to the Dairy Produce Act 1986); or (ii) the SDA scheme (within the meaning of Schedule 2 to the Dairy Produce Act 1986); or (iii) a provision of the Dairy Produce Act 1986 in so far as that provision relates to that scheme; or (b) to the industry services body in connection with the administration of the Dairy Structural Adjustment Fund. (5B) In subsection (5A): > dairy‑type grant information means information disclosed or obtained for the purposes of the administration of dairy‑type grants. (6) An instrument under subsection (1) is a legislative instrument. #### 52AA Where there is a return to farming If: (a) a person has received a farm help re‑establishment grant; and (b) the person, or the person’s partner, acquires a right or interest in a farm enterprise within 5 years after receiving the grant; the Commonwealth may recover an amount equal to the grant as a debt due to the Commonwealth. #### 52AB Secretary may require re‑establishment grant recipient to notify if events or circumstances indicative of a return to farming or a change of address occur (1) The Secretary may give a person to whom a farm help re‑establishment grant has been paid a notice that requires the person to inform the Department if a specified event or change of circumstances occurs. (2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless: (a) the occurrence of the event or change in circumstances would indicate that the person, or the person’s partner, has acquired a right or interest in a farm enterprise within 5 years after receiving the grant; or (b) the event or change in circumstances is a change of address within 5 years after receiving the grant. (3) A person must not refuse or fail to comply with a notice under subsection (1) to inform the Department of an event or change in circumstances that would indicate that the person, or the person’s partner, has acquired a right or interest in a farm enterprise within 5 years after receiving the grant. Penalty: 30 penalty units. (4) A person must not refuse or fail to comply with a notice under subsection (1) to inform the Department of a change of address within 5 years after receiving the grant. Penalty: 20 penalty units. (5) A notice under subsection (1): (a) must be in writing; and (b) must be given personally or by post; and (c) must specify how the person is to give the information to the Department; and (d) must specify the period within which the person is to give the information to the Department. (6) The period must end at least 14 days after the earlier of: (a) the day on which the event or change of circumstances occurs; or (b) the day on which the person becomes aware that the event or change of circumstances is likely to occur. #### 52AC Secretary may require re‑establishment grant recipient to give a statement about whether returned to farming (1) The Secretary may give a person to whom a farm help re‑establishment grant has been paid a notice that requires the person to give the Department a statement about whether the person, or the person’s partner, has acquired a right or interest in a farm enterprise within 5 years after receiving the grant. (2) A person must not refuse or fail to comply with a notice under subsection (1). Penalty: 30 penalty units. (3) A notice under subsection (1): (a) must be in writing; and (b) must be given personally or by post; and (c) must specify how the statement is to be given to the Department; and (d) must specify the period within which the person is to give the statement to the Department. (4) The period must end at least 14 days after the day on which the notice is given. (5) A statement given in response to the notice must be in writing and in accordance with a form approved by the Secretary. ## Part 9B—Farm help advice and training scheme #### 52B Farm help advice and training scheme (1) The Minister may, by written instrument: (a) formulate a scheme under which farmers and their families are provided with assistance for the purpose of doing one or more of the following: (i) obtaining advice to assist farmers to assess their long‑term prospects; (ii) obtaining training; (iii) obtaining software needed for the purpose of, or as a result of, advice or training under the scheme; (iv) developing an activity plan; and (b) provide for the implementation and regulation of the scheme. The scheme is to be known as the farm help advice and training scheme and a grant is to be known as the farm help advice and training grant. (2) Without limiting subsection (1), the scheme may deal with: (a) the circumstances in which people are eligible to receive assistance; and (b) the procedure for applying for assistance; and (c) a limit on the amount of assistance to be provided; and (d) the types of advice or training for which assistance may be provided; and (e) the people (including their qualifications or expertise) who may provide the advice or training; and (f) the form in which the assistance is provided. (3) The scheme must: (a) set out guidelines for the giving of directions under subsection 13A(1), or under the farm help re‑establishment grants scheme, requiring people to obtain advice; and (b) provide for assistance to people for the purpose of complying with such directions; and (c) provide a method for determining the consequence, for the payment of farm help scheme payments, of a person not complying with such a direction; and (d) provide for assistance to people for the purpose of obtaining advice on financial outlook; and (e) provide for assistance to people for the purpose of developing an activity plan. (4) An instrument under subsection (1) is a legislative instrument. ## Part 9C—Dairy exit payments #### 52C DEP scheme (1) The Minister may, by written instrument: (a) formulate a scheme for the provision of payments, to be made after the DSAP payment start day, by way of grant of financial assistance to people on the sale of dairy farm enterprises, or rights or interests in dairy farm enterprises; and (b) provide for the implementation and regulation of the scheme. The scheme is to be known as the DEP scheme and a payment is to be known as a dairy exit payment. (2) Without limiting subsection (1), the scheme may deal with: (a) the circumstances in which people are qualified to apply for dairy exit payments; and (b) the procedure for applying for a payment; and (c) the circumstances in which a payment is payable; and (d) the amount of payment payable; and (e) the method for paying a payment. (3) A dairy exit payment is not payable to a person: (a) in respect of an application lodged after 30 June 2002; or (b) in respect of any sale that is completed after 30 June 2003. (4) An instrument under subsection (1) is a legislative instrument. (5) The DEP scheme may provide for the disclosure of DEP information: (a) to the Dairy Adjustment Authority in connection with the administration of: (i) the DSAP scheme (within the meaning of Schedule 2 to the Dairy Produce Act 1986); or (ia) the SDA scheme (within the meaning of Schedule 2 to the Dairy Produce Act 1986); or (ii) a provision of the Dairy Produce Act 1986 in so far as that provision relates to that scheme; or (b) to the industry services body in connection with the administration of the Dairy Structural Adjustment Fund. (6) Subsection (5) does not, by implication, limit subsection (1). (7) In this section: > dairy farm enterprise has the same meaning as in Schedule 2 to the Dairy Produce Act 1986. > DEP information means information disclosed or obtained for the purposes of: (a) the DEP scheme; or (b) a provision of this Act, in so far as that provision relates to the DEP scheme. > DSAP payment start day has the same meaning as in Schedule 2 to the Dairy Produce Act 1986. ## Part 9D—Farm Family Support Scheme #### 52D Treatment of payments under Farm Family Support Scheme (1) The purpose of this section is to set out how other laws apply in relation to: (a) payments under the pilot scheme, known as the Farm Family Support Scheme, to provide support for farmers facing hardship to meet their household expenses and to help them assess the long‑term future of their farm enterprises; and (b) things done in connection with that scheme. (2) The following provisions apply in relation to a payment of income support under the Farm Family Support Scheme in the same way as they apply in relation to exceptional circumstances relief payment under this Act: (a) sections 54 and 56 of this Act; (b) sections 79A and 160AAA of the Income Tax Assessment Act 1936; (c) sections 53‑10 and 53‑15 of the Income Tax Assessment Act 1997; (d) section 64 of the Small Superannuation Accounts Act 1995; (e) sections 547B, 573A and 1061ZK, points 1067G‑F3 and 1067G‑G3 of the Youth Allowance Rate Calculator in Part 3.5, and sections 1130B, 1131, 1227A and 1231A of the Social Security Act 1991; (f) section 106B of the Social Security (Administration) Act 1999; (g) a provision of any Act, so far as it relates to a provision described in any of paragraphs (a) to (f) (inclusive) of this subsection. > Note: Exceptional circumstances relief payment is a payment made under Part 5 of this Act. > Note: Example: Paragraph (g)—sections 84, 84A, 92 and 92A of the A New Tax System (Family Assistance) (Administration) Act 1999 are examples of provisions that relate to section 56 of this Act, because they relate to debts created by that section. (3) The following provisions apply in relation to the doing of anything in relation to the Farm Family Support Scheme in the same way as they apply in relation to the doing of anything under or in relation to this Act: (a) the definition of officer in subsection 23(1) of the Social Security Act 1991; (b) Parts 4 and 5 of the Social Security (Administration) Act 1999. (4) Subsection 41(2AA) of the Age Discrimination Act 2004 applies in relation to anything done under the Farm Family Support Scheme in the same way as it applies to anything done in direct compliance with section 24A of this Act. ## Part 10—Miscellaneous #### 53 Delegation of powers (2) The Secretary may, by signed writing, delegate to an officer of the Department all or any of his or her powers under this Act. (3) The Secretary may, in writing, delegate all or any of his or her powers under this Act to: (a) the Chief Executive Centrelink; or (b) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997). (4) In this section: > this Act includes the DEP scheme, the farm help re‑establishment grant scheme and the farm help advice and training scheme. #### 53A Delegation by Secretary: references to the Secretary and the Department (1) If the Secretary delegates to: (a) the Chief Executive Centrelink; or (b) a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); a power under this Act to require a person to produce or give to the Department any document or information, the delegate may, in exercising the power, require the person to produce or give the document or information to the Human Services Department instead of the Department. (2) A person who produces or gives a document or information to the Human Services Department in compliance with a requirement by a delegate of the Secretary is to be treated for all purposes as if the person had produced or given the document to the Department in compliance with a requirement by the Secretary. (3) A person who does not produce or give a document or information to the Human Services Department in compliance with a requirement by a delegate of the Secretary is to be treated for all purposes as if the person had not produced or given the document or information to the Department in compliance with a requirement by the Secretary. (4) If: (a) the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the Secretary’s powers under this Act; and (b) the delegation makes a reference to the Secretary or the Department in another provision of this Act inappropriate, whether for administrative reasons or any other reason; the Secretary may, by legislative instrument, direct that the provision is to have effect as if: (c) the reference to the Secretary were a reference to the Chief Executive Centrelink; or (d) a reference to the Department were a reference to the Human Services Department; as the case requires. (5) If the Secretary gives a direction in relation to a provision, the provision has effect in accordance with the direction while the direction is in force. (6) A direction comes into force on the day it is notified in the Gazette, or on such later day as is specified in it, and remains in force until it is revoked. (8) In this section: > this Act includes the DEP scheme, the farm help re‑establishment grant scheme and the farm help advice and training scheme. #### 54 General power to obtain information (1) The Secretary may require a person to give information, or produce a document that is in the person’s custody or under the person’s control, to the Department if the Secretary considers that the information or document may be relevant to: (a) the question whether a person who has made a claim for farm household support, exceptional circumstances relief payment or farm help income support under this Act is or was qualified for the support or the payment, as the case requires; or (b) the question whether farm household support, exceptional circumstances relief payment or farm help income support under this Act is payable to a person who is receiving it; or (c) the question whether farm household support, exceptional circumstances relief payment, farm help income support or clean energy advance under this Act was payable to a person who has received it; or (d) the maximum fortnightly rate or applicable rate, at any time, in relation to a person to whom farm household support is, or was, payable; or (e) the rate at which exceptional circumstances relief payment is, or was, payable; or (f) the rate at which farm help income support is, or was, payable; or (g) the question whether a person who has applied for a dairy exit payment is or was qualified for the payment; or (h) the question whether a dairy exit payment was payable to a person who has received it. (2) A requirement under subsection (1) must be by notice in writing given to the person. (3) The notice must specify: (a) how the person is to give the information or how the document is to be produced; and (b) the period within which the person is to give the information, or produce the document, to the Department; and (c) the officer (if any) to whom the information is to be given or the document is to be produced; and (d) that the notice is given under this section. (4) The period specified under paragraph (3)(b) must end at least 14 days after the notice is given. (5) The notice may require the person to give the information by appearing before a specified officer to answer questions. (6) If the notice requires the person to appear before an officer, the notice must specify a time and a place for the person to appear, and the time must be at least 14 days after the notice is given. (7) A person must not refuse or fail to comply with a notice under this section. Penalty: Imprisonment for 6 months. > Note 1: Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act. > Note 2: If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a maximum fine of an amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence. (7A) Subsection (7) does not apply if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (7A). See subsection 13.3(3) of the Criminal Code. (7B) An offence under subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (9) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, but nothing in this section renders the Crown liable to be prosecuted for an offence. (10) This section does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory). (11) This section extends to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (b) all persons, irrespective of their nationality, who are making or who have made a claim under this Act; and (c) all persons, irrespective of their nationality, who are receiving, or have received, a payment under this Act. #### 54A Conversion of farm household support payments into grants (1) The total amount of farm household support paid to a person by way of loan before the commencement of this section, to the extent that it had not already been repaid to the Commonwealth or converted into a grant before that commencement, is converted into a grant by force of this section. (2) This section does not affect the operation of section 56. #### 55 Certain support and payments to be inalienable Farm household support, exceptional circumstances relief payment, dairy exit payments, farm help scheme payments and clean energy advances are inalienable, whether by way of, or in consequence of, sale, assignment, execution, charge, bankruptcy or otherwise. #### 55A Effect of garnishee or attachment order (1) If: (a) a person has an account with a financial institution; and (b) instalments of farm household support, exceptional circumstances relief payment or farm help income support (the relevant payment type) payable to the person are being paid to the credit of the account; and (c) a court order in the nature of a garnishee order comes into force in respect of the account; the court order does not apply to the saved amount (if any) in the account. (2) The saved amount is worked out as follows: Method statement Step 1. Work out the total amount payable to the person in respect of the relevant payment type that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount. (3) This section applies to an account whether it is maintained by a person: (a) alone; or (b) jointly with another person; or (c) in common with another person. (4) In this section: > financial institution means a bank or other institution that receives money on deposit. #### 56 Recovery of overpayments (1) If an amount purporting to be an amount of farm household support, exceptional circumstances relief payment or farm help income support payable under this Act in respect of a period has been paid to a person and: (a) the recipient was not qualified for farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, in respect of that period; or (b) farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, was not payable in respect of that period to the person; or (c) in the case of an amount purporting to be an amount of farm household support—the amount was part of payment made because the farm household support payable to the person in respect of that period was calculated at a rate that was higher than the applicable rate in respect of the person; or (d) in the case of an amount purporting to be an amount of exceptional circumstances relief payment—the amount was part of a payment made because the exceptional circumstances relief payment payable to the person in respect of that period was calculated at a rate higher than the rate at which it should have been calculated; or (e) in the case of an amount purporting to be an amount of farm help income support—the amount was part of a payment made because the farm help income support payable to the person in respect of that period was calculated at a rate higher than the rate at which it should have been calculated; the amount so paid may be recovered by the Commonwealth as a debt due to the Commonwealth. (2) If: (a) an amount purporting to be an amount of re‑establishment grant payable under the farm help re‑establishment grant scheme (other than a dairy‑type grant) has been paid to a person; and (a) some or all of the amount was not payable to the person under the scheme; the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth. (2A) If: (a) an amount purporting to be an amount of dairy‑type grant has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to the industry services body. (3) If: (a) an amount purporting to be an amount of dairy exit payment has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to the industry services body. (4) If: (a) an amount purporting to be an amount of clean energy advance has been paid to a person; and (b) some or all of the amount was not payable to the person; the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth. > Note: A debt due to the Commonwealth under this section in respect of an amount of exceptional circumstances relief payment, farm help income support or clean energy advance may be recovered in accordance with provisions of the Social Security Act 1991 (see sections 1227A and 1231A of that Act). #### 57 Source of funds for payments (1) Payments of farm household support payable in the financial year ending 30 June 1993 are to be made out of money appropriated under Item 4 of Subdivision 2 of Division 931 in Schedule 4 to the Appropriation Act (No. 2) 1992‑93 and so much of that money as is required for making those payments is taken to have been appropriated accordingly. (2) Payments of farm household support payable in any subsequent financial year are to be made out of money appropriated by the Parliament for that purpose. (3) Exceptional circumstances relief payment and clean energy advance are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly. (4) Farm help scheme payments (other than dairy‑type grants) are to be made out of money appropriated by the Parliament for the purpose of such payments. (5) Dairy exit payments and dairy‑type grants are to be made out of the Dairy Structural Adjustment Fund. #### 57A Payments to RAS authorities—reimbursement of costs of issuing drought exceptional circumstances certificates (1) This section applies if a RAS authority incurs costs (whether before or after the commencement of this section) in connection with the issue of drought exceptional circumstances certificates. (2) The Secretary may authorise payments to the RAS authority by way of reimbursement of those costs. (3) A payment under this section is to be made out of money appropriated by the Parliament for the purposes of this section. (4) In this section: > drought exceptional circumstances certificate has the same meaning as in section 8A. #### 58 Regulations (1) The Governor‑General may make regulations prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary and convenient to be prescribed for carrying out or giving effect to this Act. (2) A regulation may create an offence punishable by a penalty not exceeding $500.