8UEligible allowances

#### 8U Eligible allowances (1) For the purposes of paragraph 8T(1)(c), the amount mentioned in that paragraph (in this regulation called the relevant amount) is an eligible allowance if it satisfies the criteria stated in this regulation. (2) The relevant amount must be payable to a person as: (a) a higher duties allowance; or (b) a shift penalty; or (c) a restricted duties adjustment. (3) The relevant amount must be payable to a person during a period when an allowance (in this regulation called a State allowance): (a) is payable to the person, by the State that employs the person, because of a condition or circumstance of the person’s employment by that State; and (b) is taken, under subregulation (5), to be payable on a regular basis to the person during the period. (4) The relevant amount must be payable to a person because of a condition or circumstance of the person’s former employment (at the repatriation institution mentioned in paragraph 8S(a)) that is comparable to the condition or circumstance mentioned in paragraph (3)(a). (5) A State allowance is taken to be payable on a regular basis to a person during a period if it is an allowance that is taken: (a) in the case of a higher duties allowance or a restricted duties adjustment—under regulation 6; or (b) in the case of a shift penalty—under regulation 8B; to be payable on a regular basis to the person during the period. (6) In paragraph (5)(a), restricted duties adjustment includes a close call, on call or stand‑by allowance.