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Eligibility for Clean Energy Advance
Last amended: 17 December 2012
Eligibility Criteria
To be eligible for a clean energy advance (CEA), a person must be:
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- a recipient of a clean energy underlying payment (CEUP);
- receiving a rate of payment greater than nil;
- an Australian resident; and
- in Australia.
Special rules apply for some CEUPs.
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Clean energy underlying payments and clean energy advance periods
The following table outlines the clean energy advance period (CEAP) for each CEUP.
Clean energy underlying payment | |
Service pension Age pension War widow(er)'s pension Disability Compensation Payment Seniors supplement MRCA wholly dependant partner payment MRCA special rate disability pension | 1 July 2012 to 19 March 2013 |
MRCA permanent impairment payment | 1 July 2012 to 30 June 2013 |
VCES fortnightly education allowance MRCAETS fortnightly education allowance | First advance - 1 July 2012 to 30 June 2013 Second advance - 1 July 2013 to 31 December 2013 |
Date of eligibility
If the Repatriation Commission or Military Rehabilitation and Compensation Commission determines that a person is eligible for a CEA before the beginning of a CEAP, the clean energy advance start date (CEA start date) is the first day of the CEAP. If a person is determined eligible during a CEAP, their CEA start date is the first date that they satisfy the eligibility criteria. The CEA start date is modified for people returning to Australia after a temporary absence.
A person cannot be eligible for a CEA if their CEA start date is after the end of the relevant CEAP.
CEA start date on return to Australia
The nature and duration of an absence from Australia can affect the CEA start date. This table describes how temporary absence from Australia impacts the CEA start date.
Type and duration of temporary absence from Australia | CEA start date |
up to 6 weeks | The later of:
|
longer than 6 weeks | The date of return to Australia |
A person who resides permanently outside Australia is not eligible for a CEA.
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Receiving more than one advance
A person can be eligible for multiple CEA payments. The following table demonstrates how people may receive more than one CEA.
Group One | Group Two |
Service pension Age pension Seniors Supplement War widow(er)'s pension MRCA wholly dependent partner payment VCES fortnightly education allowance MRCAETS fortnightly education allowance SSA clean energy qualifying payments ABSTUDY allowance |
Disability Compensation Payment MRCA special rate disability pension MRCA permanent impairment payment |
Multiple entitlement exclusion rules prevent a person receiving more than one CEA from a group.
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If a person is eligible for more than one CEA from a group, they will receive the highest CEA out of those they are eligible for.
If a person moves from one payment to another payment within the same group during a CEAP and received a CEA for the original payment, they will not receive a second CEA. If the new payment attracts a higher CEA, the person will be eligible for a top-up payment.
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Special rules applying to some clean energy underlying payments
7.4.1/Special rules applying to some Clean Energy Underlying Payments
Section 61A(3) VEA
Section 424A(2) MRCA
Section 424B(2) MRCA
Section 424C(2) MRCA
Section 3A.1.4 VCES
Section 3A.1.4 MRCAETS
The clean energy advance is an upfront lump sum payment, paid in respect of a clean energy advance period. It is designed to help recipients meet the cost of living impact of the carbon price. Clean energy advance payments are excluded income for income support purposes.
A clean energy underlying payment means any pension, payment, supplement or allowance under the VEA or MRCA that attracts a clean energy advance and energy supplement .
An Australian resident is a person who:
- resides in Australia; and
- is one of the following:
- an Australian citizen;
- the holder of a permanent visa;
- the holder of a special category visa who is likely to remain permanently in Australia;
- the holder of a special purpose visa who is likely to remain permanently in Australia.
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
- Christmas Island
- Cocos (Keeling) Islands
Subsection 5Q(1) of the VEA provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132. Norfolk Island is currently the only external territory of Australia. For the above VEA sections, which cover service pension, [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement and Commonwealth Seniors Health Card purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident, as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea and Nauru have both previously been external territories of Australia. Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.
The following table outlines the clean energy advance period for each clean energy underlying payment:
|
Clean energy underlying payment |
Clean Energy Advance Period |
|
Service pension Age pension War widows/widower's pension Disability pension Seniors supplement MRCA wholly dependant partner payment MRCA special rate disability pension |
1 July 2012 to 19 March 2013 |
|
MRCA permanent impairment payment |
1 July 2012 to 30 June 2013 |
|
VCES fortnightly education allowance MRCAETS fortnightly education allowance |
First advance - 1 July 2012 to 30 June 2013 Second advance - 1 July 2013 to 31 December 2013 |
The following table outlines the clean energy advance period for each clean energy underlying payment:
|
Clean energy underlying payment |
Clean Energy Advance Period |
|
Service pension Age pension War widows/widower's pension Disability pension Seniors supplement MRCA wholly dependant partner payment MRCA special rate disability pension |
1 July 2012 to 19 March 2013 |
|
MRCA permanent impairment payment |
1 July 2012 to 30 June 2013 |
|
VCES fortnightly education allowance MRCAETS fortnightly education allowance |
First advance - 1 July 2012 to 30 June 2013 Second advance - 1 July 2013 to 31 December 2013 |
The CEA start date is the first day from which a person is entitled to receive a clean energy advance.
Clean energy qualifying payments under the Social Security Act 1991 are:
- age pension
- benefit parenting payment (partnered)
- bereavement allowance
- carer payment
- disability support pension (other than for a person who is under 21 with no dependent children)
- newstart allowance
- pension parenting payment (single)
- partner allowance
- seniors supplement
- sickness allowance
- special benefit, where the rate is worked out as if the person was qualified for newstart allowance
- widow allowance
- widow B pension
- wife pension