Sentences with phrase «determined under subsection»

the provision of assistance to the applicant in relation to the matter concerned is in accordance with the guidelines (if any) determined under subsection (4); and

Despite paragraphs 1, 2 and 3, if a person who provided attendant care services (the «attendant care provider») to or for the insured person did so for remuneration, and the actual expenses incurred in respect of the attendant care services are lower than the amount of the monthly attendant care benefit as determined under subsection (2), the insurer shall only be liable for payment of the incurred expenses.

(7) If a person qualifies for an income replacement benefit under paragraph 1 or 2 of section 4 and also qualifies under paragraph 3 of section 4, the person's gross annual income from employment shall be determined under subsection (3) or (4), as the case may be, until the day he or she would have been entitled to begin employment under the contract described in paragraph 3 of section 4, and thereafter the person's gross annual income from employment shall be determined in accordance with subsection (5).

(17) If the insurer fails to provide a copy of the report of the examination under section 42 or its determination in respect of the claim by the day determined under subsection (17.1),

(6) For the purpose of subsection (5), losses from self - employment shall be determined in the same manner as losses from the business in which the person was self - employed would be determined under subsection 9 (2) of the Income Tax Act (Canada) and the Income Tax Act (Ontario), without making any deductions for,

«gross weekly employment income» means, in respect of an insured person, the amount of the person's gross annual employment income, as determined under subsection (2), divided by 52;

«A» is the weekly base amount determined under subsection (2) less the total of all other income replacement assistance, if any, for the particular week the benefit is payable, and

(2) No deduction may be made under clause 7 (3)(a) or (b) from an income replacement benefit determined under subsection (1).

--(A) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel - based electricity delivered directly to retail consumers (as determined under subsection (f)-RRB-.

--(A) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel - based electricity delivered directly to retail consumers (as determined under subsection (f)-RRB-.

Not exact matches

If a parliamentary general election is to take place as provided for by subsection (1) or (3), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next election determined under section 1).

In any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the Electoral Commission must determine by lot which of those numbers is to be selected for the purpose of subsection (7).

On receiving an application made under subsection (1) of section 153G, the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.

-- In promulgating regulations under subsection (b)(1) with respect to the issuance of international offset credits under subsection (c), (d), or (e), the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, may modify or omit a requirement of this part (excluding the requirements of this section) if the Administrator determines that the application of that requirement to such subsection is not feasible.

-- Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel - based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period.

«(B) international offset credits may be sold at a strategic reserve auction under this subsection only if the Administrator determines that it is highly likely that covered entities will, to cover emissions occurring in the year the auction is held, use offset credits to demonstrate compliance under section 722 for emissions equal to or greater than 80 percent of 2 billion tons of carbon dioxide equivalent;

-- Not later than 90 days after a State certification is provided under paragraph (1)(B), the Secretary shall determine whether the State's energy efficiency building code provisions meet the requirements of this subsection.

-- Not later than 90 days after a State certification under paragraph (2), the Secretary shall determine whether the State has demonstrated that it has complied with the requirements of this subsection, including accurate measurement of compliance, or that it has made significant progress toward compliance.

-- The Secretary shall have authority to review awards made under this subsection and to revoke such awards if the Secretary determines that a Hub has used the award in a manner not consistent with the requirements of this section.

Upon determining that a noninstructional contractor may not be permitted on school grounds pursuant to this subsection, the school district shall notify the vendor, individual, or entity under contract within 3 business days.

-- With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student's assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)-RRB- for the purposes of the State - determined accountability system.

under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)-RRB- for the purposes of the State - determined accountability system.

(e) Not later than thirty days after the appropriation ACT containing sums for carrying out the provisions of this ACT is enacted for each fiscal year, the Secretary shall set aside out of sums available to carry out this section or otherwise available pursuant to any other ACT, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section and shall notify the appropriate committees of the Congress of the amount so set aside, the number of personnel necessary for such purpose, and the basis for his determination under this subsection and his reasons therefor.

(3) The Secretary may make a grant for a project pursuant to this subsection only on his determination that (A) the purpose of such project is to prepare handicapped individuals, especially those with the most severe handicaps, for gainful and suitable employment: (B) the individuals to receive training services under such project will include only those who have been determined to be suitable for and in need of such training services by the State agency or agencies designated as provided in section 101 (a)(1) of the * State in which the REHABILITATION facility is located; (C) the full range of training services will be made available to each such individual, to the extent of his need for such services; and (D) the project, including the * participating REHABILITATION facility and the training services provided, meet such other requirements as he may prescribe in regulations for carrying out the purposes of this subsection.

No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty - day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.

(B) the Commission determines that such State program is no longer qualified for certification under subsection (f).».

(a) Insert «1» after (a)» in subsection (a) and add at the end of subsection (a) the following new paragraphs: (2) No person acting under color of law shall --(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

«In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three - judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case.

-- For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

Except as provided under subsection (d), the Secretary shall prohibit the use of the devices described in subsection (a) in circumstances in which the Secretary determines that their use interferes with a driver's safe operation of a motorcoach.

The term metropolitan planning area means a geographical area determined by agreement between the metropolitan planning organization for the area and the applicable Governor under subsection (c).

The Secretary may authorize access to an individual's record from the clearinghouse to an additional user if the Secretary determines that granting access will further the purposes under subsection (a)(2).

Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148 (a)(4).

In determining whether the access will further the purposes under subsection (a)(2), the Secretary shall consider, among other things --

If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation --

the development of public transportation research projects that received assistance under subsection (b) that the Secretary determines were successful;

Beginning on October 1, 2016, in making a determination under subsection (a), the Secretary shall consider a State to be in substantial noncompliance with this chapter if the Secretary determines that --

The Secretary shall revoke the registration of an employer or person under subsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the suspension to the employer or person, if the Secretary determines that --

For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141 (a) of title 13, United States Code.

Every 5 years, the Secretary shall review, with public notice and comment, the amount of the financial security required under this subsection to determine whether such amounts are sufficient to provide adequate financial security, and shall be authorized to increase those amounts, if necessary, based upon that determination.

If the Secretary determines that the existing MPO has met the minimum requirements under the rule issued under subsection (e)(4)(B)(i), the Secretary shall designate the existing MPO as a tier II MPO.

The Secretary may waive the application of standards established under subsection (a) to a State that has adopted a law or policy that provides for the safe and adequate accommodation as certified by the State (or other grantee), in all phases of project planning and development, of users of the transportation network on federally funded surface transportation projects, as determined by the Secretary.

Not later than 1 year after the completion of each research and testing initiative required under subsection (a), the Secretary shall initiate a rulemaking proceeding to issue a Federal motor vehicle safety standard if the Secretary determines that such a standard meets the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code.

If there is a net capital gain remaining at Step 5, that amount is reduced by the exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 for the income year (or pursuant to section 295 - 400 in the case of pooled superannuation trusts), to determine the assessable amount.

But, if there is a net capital gain remaining at Step 5, that amount is reduced by the fund's relevant exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 [53] for the CGT event year (refer to paragraph 68B of this Ruling), to determine the assessable amount for that year.

(o) If there is no person who would be entitled, upon application therefor, to an annuity under section 2 of the Railroad Retirement Act of 1974 [98], or to a lump - sum payment under section 6 (b) of such Act, with respect to the death of an employee (as defined in such Act), then, notwithstanding section 210 (a)(9)[99] of this Act, compensation (as defined in such Railroad Retirement Act, but excluding compensation attributable as having been paid during any month on account of military service creditable under section 3 of such Act if wages are deemed to have been paid to such employee during such month under subsection (a) or (e) of section 217 of this Act) of such employee shall constitute remuneration for employment for purposes of determining (A) entitlement to and the amount of any lump — sum death payment under this title on the basis of such employee's wages and self — employment income and (B) entitlement to and the amount of any monthly benefit under this title, for the month in which such employee died or for any month thereafter, on the basis of such wages and self — employment income.

Any net capital gain remaining at Step 5 is reduced by the exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 for the CGT event year, to determine the assessable amount for that year.

If there is a net capital gain remaining at Step 5, that amount is reduced by the exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 for the 2016 - 17 income year, to determine the assessable amount.

If there is a net capital gain remaining at Step 5, that amount is reduced by the exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 for the income year, to determine the assessable amount.

But, if there is a net capital gain remaining at Step 5, that amount is reduced by the fund's relevant exempt proportion under subsection 295 - 390 (3) of the ITAA 1997 [53] for the CGT event year (refer to paragraph 68B of this Guideline), to determine the assessable amount for that year.