CTHIn ForceAct
Social Security (Administration) Act 1999
26Claim where person has post‑75 work period
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Social Security (Administration) Act 1999.
26 Claim where person has post‑75 work period
(1) If a post‑75 member of the pension bonus scheme has a post‑75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post‑75 work period.
(2) For the purposes of this section, a post‑75 member of the pension bonus scheme has a post‑75 work period if all of the following requirements are satisfied:
(a) the person’s claim for pension bonus nominates a particular period as the person’s post‑75 work period;
(b) the nominated period begins immediately after the end of the person’s last bonus period;
(c) if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.
(3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows:
(a) identify the extended period, which is that part of the nominated period when the person was neither:
(i) subject to a compensation preclusion period or a carer preclusion period; nor
(ii) covered by a declaration under section 92Q of the 1991 Act;
(b) if the extended period is 365 days or less—the extended period is the only test period;
(c) if the extended period is longer than 365 days—each of the following periods is a test period:
(i) the full‑year period beginning at the start of the extended period;
(ii) if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;
(iii) the period (if any) consisting of the remainder of the extended period.
(4) In addition to its effect apart from this subsection, section 93B of the 1991 Act also has the effect it would have if each reference in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post‑75 member of the scheme.
Subdivision EA—Time limits for claims for pension bonus bereavement payment
26A General rule
A person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension bonus bereavement payment.
26B Extension
The Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A. If the Secretary does so, the person’s claim must be made before the end of the period allowed by the Secretary.
Subdivision EB—Time limits for claims for student start‑up loans
26C Time limit for claim
(1) A person’s claim for a student start‑up loan for a qualification period must be made before the end of the qualification period.
(2) Despite subsection (1), a person’s claim for a student start‑up loan for a qualification period in which the person is expected to complete the relevant approved scholarship course must be made at least 35 days before the course end date.
Subdivision F—Time limit for claims for fares allowance
27 Time limit for claim
(1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date).
(2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and
(b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.
(3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:
(a) circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and
(b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.
Subdivision FAA—Time limit for claims for Disaster Recovery Allowance
27AA Time limit for claims for Disaster Recovery Allowance
(1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgement; and
Subdivision FA—Time limit for claims for AGDRP
27A Time limit for claim
(1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
Subdivision FB—Time limit for claims for AVTOP
27B Time limit for claims for AVTOP
(1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act.
(2) A claim for an AVTOP by a secondary victim of a declared overseas terrorist act must be lodged within 12 months after the day the close family member to whom the claim relates died.
(3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that:
(a) there are special circumstances applying to the person’s claim that justify a late lodgment; and
Subdivision G—Age requirement for certain claims
28 Claims for disability support pension
A person cannot make a claim for a disability support pension unless the person is under the pension age on the day on which the claim is lodged.
Subdivision H—Residence requirements for claimants