Section 1117B — Social Security Act 1991: Validation of income apportionment—former farm household support

Nothing is invalid merely because income apportionment was used (1) A thing done or occurring is taken not to be, and is taken never to have been, invalid or ineffective merely because, before the validation time, the Division 2 work income of a person in relation to a payroll period was treated for the purposes of the relevant legislation as described in subsection (2). Note: Income may have been treated in accordance with this section in working out a person’s income or the income of a partner of the person. (2) For the purposes of subsection (1), the Division 2 work income was treated as if it had been first earned, derived or received by the person: (a) as an amount equal to the total amount for the FHS entitlement period in each FHS entitlement period that includes one or more days in the payroll period; or (b) as an amount equal to the daily amount for the FHS entitlement period on each day in each FHS entitlement period that includes one or more days in the payroll period. (3) For the purposes of subsection (2), the total amount and daily amount for a FHS entitlement period are worked out in accordance with the FHS income apportionment method statement. (4) To avoid doubt, anything done or occurring, or anything purported to have been done or to have occurred (whether under the relevant legislation or otherwise), that would have been wholly, or partly, invalid or ineffective except for subsection (1) is taken for all purposes to be valid and effective and to have always been valid and effective. (5) Subject to section 1117C, subsections (1) and (4) apply despite any effect that those subsections may have on the accrued rights of any person. Definitions (6) In this section: do a thing includes: (a) make a decision (however described); and (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and (c) do anything else; and purport to do a thing has a corresponding meaning. relevant legislation means: (a) the Farm Household Support Act 1992 as previously in force; or (b) the social security law as it relates to former farm household support; or (c) the Student Assistance Act 1973 as it relates to former farm household support.