Section 914G — Social Security Act 1991: Top-up payments of clean energy advance

(1) The Minister may by legislative instrument determine that persons: (a) who have been paid the amount (the original payment) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (the original qualifying payment); and (b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3); qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance. (2) This subsection covers a person’s circumstances changing in a way such that: (a) on the day (the change day) the change happens, the person was still receiving the original qualifying payment; and (b) had the amount of the original payment been worked out by reference to the person’s circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount. (3) This subsection covers a change in a person’s circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment. (4) For the purposes of subsection (3), a multiple qualification exclusion is an instrument that: (a) provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person’s qualification for or receipt of the original payment or the original qualifying payment; and (b) is made under: (i) section 918; or (ii) section 424L of the MRCA; or (iii) section 65A of the Veterans’ Entitlements Act; or is an instrument establishing qualifications for a clean energy bonus under a scheme. (5) An instrument under subsection (1) may provide for: (a) different periods for changes in circumstances depending on different changes in circumstances; and (b) different ways of working out further amounts of the original payment depending on different changes in circumstances.