Div 11Estimates and verification of maintenance income for Youth Allowance Rate Calculator

Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator 123AA  Estimate of maintenance income for Youth Allowance Rate Calculator  (1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the Secretary may have regard to an estimate of the amount of maintenance income for a period made by, or given to, the Secretary, if the Secretary is satisfied that the estimate is reasonable.  (2) If the Secretary has no reason to believe that there is any amount of maintenance income for the parent of the person for the period, the Secretary is taken to have had regard to an estimate of nil. 123AB  Verification of maintenance income for Youth Allowance Rate Calculator  (1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year. Step 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:  (a) assume that the person is an FTB child of the parent for the year; and  (b) only take into account maintenance income received in relation to the person; and  (c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.  This amount is the parent’s actual maintenance income for the income year. Step 2. Work out the annualised maintenance income free area for the parent for the income year under section 123AC. Step 3. Work out the annual amount of estimated maintenance income for the parent under section 123AD. Step 4. Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either:  (a) the actual maintenance income is less than 125% of the annualised maintenance income free area; or  (b) the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income. Step 5. Go to subsection (3) in any other case.  (2) If the method statement says go to this subsection, the Secretary must affirm the decision or decisions under review.  (3) If the method statement says go to this subsection, the Secretary must recalculate the person’s rate of youth allowance having regard to the parent’s actual maintenance income for the income year and vary or substitute the decision or decisions under review accordingly. 123AC  Annualised maintenance income free area   For the purposes of the method statement in section 123AB, work out the annualised maintenance income free area for a parent of the person for the income year using this method statement. Step 1. Using Submodule 4 of Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, work out whether the maintenance income free area (the MIFA) for the parent was the same on all days in the income year. If it was, then that MIFA is the annualised maintenance income free area for the parent for the income year. Step 2. If the MIFA for the parent was not the same on all days in the income year, work out for how many days in the income year each MIFA applied. Step 3. Work out the MIFA share for each such period by using this formula:   Step 4. Add up the MIFA share for each such period in the income year. The result is the annualised maintenance income free area for the parent for the income year. 123AD  Annual amount of estimated maintenance income   For the purposes of the method statement in section 123AB, work out the annual amount of estimated maintenance income for a parent of a person using this method statement. Step 1. For each estimate of maintenance income of a parent of a person that applied in relation to a period in the income year, work out the annualised estimate by multiplying the amount of the estimate by:   Step 2. For each annualised estimate worked out in step 1 for the income year, work out the period estimate by multiplying the annualised estimate by:   Step 3. Add up all the period estimates for periods that occurred in the income year. This is the annual amount of estimated maintenance income for the parent for the income year. Part 3A—Nominees Division 1—Preliminary 123A  Definitions correspondence nominee means a person who, by virtue of an appointment in force under section 123C, is the correspondence nominee of another person. nominee means a correspondence nominee or a payment nominee. payment nominee means:  (a) a person who, by virtue of an appointment in force under section 123B, is the payment nominee of another person; or  (b) a person to whom instalments of youth allowance of another person are to be paid in accordance with subsection 45(1). principal, in relation to a nominee, means:  (a) in the case of a nominee appointed under section 123B or 123C, the person in relation to whom the nominee was appointed; or  (b) in the case of a person to whom instalments of youth allowance are to be paid in accordance with subsection 45(1), the person on whose behalf those instalments are to be so paid. relevant payment means:  (a) instalments of a social security periodic payment; or  (b) instalments of a special employment advance; or  (c) a social security payment that is a lump sum benefit for the purposes of section 47; or  (ca) a clean energy payment; or  (d) instalments of utilities allowance; or  (e) instalments of energy supplement under Part 2.25B of the 1991 Act; or  (f) a payment of quarterly pension supplement; or  (g) a payment of a student start‑up loan. Division 2—Appointment of nominees