Section 1068 — Social Security Act 1991: Rate of jobseeker payment

(1) The rate of jobseeker payment is to be calculated in accordance with the Rate Calculator at the end of this section. Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation. (2) If: (a) a person has a relationship with another person, whether of the same sex or a different sex (other person); and (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A)); (c) the other person is under the age of consent applicable in the State or Territory in which the person is living; the person’s benefit rate is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner. Note: This provision has the effect of taking into account the ordinary income and assets of the partner in applying the ordinary income test and assets test respectively. Rate of benefit limited for certain armed services widows (3) If: (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (b) the widow has been receiving a payment referred to in paragraph (a) continuously since before 1 November 1986; and (c) before 1 November 1986 the widow was also receiving a social security benefit; the rate of benefit payable to the widow is not to be increased: (d) if, immediately before 1 November 1986, the widow was receiving a social security benefit at a rate less than $124.90 per fortnight—to a rate greater than $124.90 per fortnight; or (e) if, immediately before 1 November 1986, the widow was receiving a social security benefit at a rate equal to or greater than $124.90 per fortnight—to a rate greater than the rate at which it was payable immediately before 1 November 1986. Note 1: A benefit is not payable to a widow who starts to get a payment referred to in subsection (3) after 1 November 1986—see section 614. Note 2: For armed services widow see subsection 4(1).