Social Security (Administration) (Penalty Amount) (FaHCSIA) Determination 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01335

Social Security (Administration) (Penalty Amount) (FaHCSIA) Determination 2012 (No. 1)
Social Security (Administration) Act 1999
I, JENNY MACKLIN, Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform, make this determination under subsection 42T(1) of the Social Security (Administration) Act 1999.
Dated         21st June   2012
J Macklin
JENNY MACKLIN
Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform
1              Name of determination
                This determination is the Social Security (Administration) (Penalty Amount) (FaHCSIA) Determination 2012 (No. 1).
2              Commencement
                This determination commences on 1 July 2012.
3              Revocation of previous penalty amount determination
The Social Security (Administration) (Penalty Amount) (FaHCSIA) Determination 2009 (No. 1) is revoked.
4              Definitions
                In this determination:
Act means the Social Security (Administration) Act 1999.
daily penalty rate has the meaning given in subsection 7(1) of this determination.
instalment period has the same meaning as in section 43 of the Act.
no show no pay failure has the same meaning as in subsection 42C(1) of the Act.
penalty-affected rate has the meaning given in subsection 7(3) of this determination
reconnection failure has the same meaning as in subsection 42H(1) of the Act.
reconnection failuire period has the same meaning as in subsection 42H(4) of the Act.
weekday means a day that is not a Saturday or Sunday.
5              Reconnection penalty amount
                A person’s penalty amount for a reconnection failure is the sum of the daily penalty rates for each weekday that falls in the reconnection failure period.
6              No show no pay penalty amount
                A person’s penalty amount for a no show no pay failure on a particular day is the daily penalty rate.
7              Calculating the daily penalty rate
                (1)    The daily penalty rate for a day in a particular instalment period is the lesser of the amount worked out in accordance with subsection (2) and the amount worked out in accordance with subsection (3).
First method
                (2)    The first method for working out the daily penalty rate is:
daily penalty rate = 1.4 × PAR / (Dayinst)
                where:
                PAR means the person’s penalty-affected rate for the instalment period in which the day occurs.
                Dayinst is the number of days in that instalment period.
Second method
                (3)    The second method for working out the daily penalty rate is:
daily penalty rate = PAR / (WDinst)
where:
PAR means the person’s penalty-affected rate for the instalment period in which the day occurs.
WDinst is the number of weekdays in that instalment period.
Penalty-affected rate
                (4)    A person’s penalty-affected rate for an instalment period is the amount worked out in accordance with the following formula:
PPAinst – (PAinst + PSinst + RAinst + RAAinst + YDSinst)
where:
PPAinst is the amount of participation payment payable to the person for the instalment period in which the day occurs, and includes any supplement or allowance that is part of the rate of that payment for that period.
PAinst is the amount of pharmaceutical allowance payable to the person for the instalment period.
PS­inst is the amount of pension supplement payable to the person for the instalment period.
RAinst is the amount of rent assistance payable to the person for the instalment period.
RAAinst is the amount of remote area allowance payable to the person for the instalment period.
YDSinst is the amount of youth disability supplement payable to the person for the instalment period.
 
Note 1   A person’s rate of participation payment amount may include an amount for supplements such as language, literacy and numeracy supplement and approved program of work supplement.
Note 2   A person may also receive allowances and supplements, such as mobility allowance, pensioner education supplement, telephone allowance, utilities allowance, and CDEP supplement, that are not part of the person’s rate of participation payment. These are not included in the calculation of the person’s penalty-affected rate.
Note 3   More than one calculation method and calculated daily amount may apply to a reconnection failure period that exceeds one instalment period in duration.
 
 
Read Entire Law on www.comlaw.gov.au