43Payment by instalments

43  Payment by instalments Payment in arrears in relation to periods  (1) A social security periodic payment is to be paid:  (a) in arrears; and  (b) by instalments relating to such periods (not exceeding 14 days) as the Secretary determines. Timing of payments of instalments  (2) Subject to sections 52 and 53, instalments of a social security periodic payment are to be paid at such times as the Secretary determines. Total instalment relating to a period  (3) Subject to subsection (4), the amount that is to be paid to a person as an instalment of a social security periodic payment in relation to a period is the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for days in that period on which the social security periodic payment was payable to the person. Weekly payments of a social security periodic payment  (3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments) if the person is a member of a class specified under subsection (3B).  (3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).  (3C) The first of the part payments:  (a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that:  (i) are days on which the social security periodic payment was payable to the person; and  (ii) are included in the first 7 days of the instalment period; and  (b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.  (3D) The other of the part payments:  (a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and  (b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.  (3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that:  (a) a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and  (b) that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and  (c) that instalment is equal to the total of the part payments. Note: The total of the part payments equals the amount worked out under subsection (3) (as affected by subsection (4), if relevant) as the amount to be paid to the person as the instalment of the social security periodic payment in relation to the instalment period.  (3F) However, the following provisions of this Act (about deductions from instalments) apply as if each of the part payments were a separate instalment:  (a) section 61;  (b) Division 5 of Part 3B;  (c) subsection 238(2). Minimum daily rate  (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment:  (i) an amount of pharmaceutical allowance;  (ii) a pension supplement amount; and  (aa) the social security payment:  (i) is not a social security pension; or  (ii) is a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; or  (iii) if the person has not reached pension age on the day—is a pension PP (single); and  (b) if an added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the total of the added amounts is more than the person’s pension supplement basic amount; and  (c) there is no election by the person under subsection 1061VA(1) of the 1991 Act in force on that day; and  (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount; the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.  (5) In subsection (4): minimum daily rate, for a person, means:  (a) if an amount of pharmaceutical allowance is an added amount:  (i) if the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or  (ii) if the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or  (b) if a pension supplement amount is the only added amount—1/364 of the person’s minimum pension supplement amount.  (5AA) If:  (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:  (i) a pension supplement amount;  (ii) energy supplement; and  (aa) the social security pension:  (i) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and  (ii) if the person has not reached pension age on the day—is not a pension PP (single); and  (b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and  (c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and  (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount; the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.  (5AB) For the purposes of subsection (5AA), a person’s minimum daily rate is 1/364 of the total of:  (a) the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and  (b) the person’s energy supplement, if energy supplement is an added amount. No reduction of portion of quarterly pension supplement relating to a day  (5A) If:  (a) an election by the person under subsection 1061VA(1) of the 1991 Act is in force on a particular day; and  (b) apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3) of the 1991 Act, but not reduced to a nil amount; the amount of that portion of the instalment is not to be reduced under subsection 1210(3) of the 1991 Act. No reduction of portion of quarterly energy supplement relating to a day  (5B) If:  (a) quarterly energy supplement is payable to a person for a particular day; and  (b) the social security payment to which the quarterly energy supplement relates:  (i) is a social security pension; and  (ii) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and  (iii) if the person has not reached pension age on the day—is not a pension PP (single); and  (c) apart from this subsection, the portion of the instalment of the person’s quarterly energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act; and  (d) the reduction of the main rate mentioned in subparagraph 1210(3A)(b)(ii) would not be to a nil amount; the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act. Instalment periods  (6) Each of the periods determined by the Secretary under subsection (1) is an instalment period in relation to the social security periodic payment.