37Grant of claim

37  Grant of claim  (1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:  (a) the claimant is qualified for the social security payment; and  (b) the social security payment is payable.  (1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:  (a) the claimant is qualified, or is expected to be qualified, for the payment; and  (b) the payment would be payable apart from the application of a compliance penalty period.  (2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:  (a) the claimant is qualified, or is expected to be qualified, for the payment; and  (b) the payment would be payable apart from:  (i) the application of a waiting period; or  (ii) the application of a compliance penalty period; or  (v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or  (vi) the operation of section 615 of the 1991 Act.  (3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:  (a) the person is qualified, or is expected to be qualified, for the payment; and  (b) the payment would be payable if the person were not subject to a seasonal work preclusion period.  (4) Subsection (3) applies to the following social security payments:  (c) jobseeker payment;  (d) parenting payment;  (g) youth allowance;  (ga) special benefit;  (h) disability support pension;  (j) carer payment;  (k) austudy payment.  (a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and  (b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B); the Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person’s start day.  (6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:  (a) the person is qualified, or is expected to be qualified, for the allowance or payment; and  (b) the allowance or payment would be payable, apart from:  (i) the application of a waiting period; or  (ii) the application of a compliance penalty period; or  (v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or  (vi) if the claim is a claim for youth allowance—the operation of section 547AA of the 1991 Act.  (7) The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:  (a) the claimant:  (i) is in gaol; or  (ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and  (b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and  (c) there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and  (d) either:  (i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or  (ii) in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and  (e) the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.  (8) The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card. Note: In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income‑tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsection 77(1).  (9) A determination under subsection (8) granting a claim for a seniors health card:  (a) must specify the period at the end of which the determination ceases to have effect; and  (b) unless it has already been cancelled, ceases to have effect at the end of that period.  (10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act:  (a) must specify the period at the end of which the determination ceases to have effect; and  (b) unless it has already been cancelled, ceases to have effect at the end of that period.  (11) The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10). 37AA  Grant of claim—schooling requirements  (1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that:  (a) the person is qualified, or is expected to be qualified, for the payment; and  (b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).  (2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act. Note 1: Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans’ Entitlements Act (see section 124D of this Act). Note 2: Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply). Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice (subject to exceptions in that section). Note 3: If the payment is suspended under section 124H, 124M or 124NF (because of the application of subsection 124G(1), 124L(1) or 124NE(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2). 37AB  Grant of claim—eligibility requirements taken to be satisfied etc.  (1) If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit), then subsections (2) and (3) apply in relation to the Secretary considering, for the purposes of determining under section 37 whether the claim is to be granted:  (a) whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and  (b) if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.  (2) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:  (a) the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and  (b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and  (c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.  (3) If an eligibility factor (the new factor) for the new benefit is the same as an eligibility factor (the current factor) for the current benefit, the Secretary may:  (a) treat the new factor as existing in relation to the person, if:  (i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and  (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or  (b) treat the new factor as not existing in relation to the person, if:  (i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and  (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person. Other powers not limited  (4) This section does not, by implication, limit any other power of the Secretary to do the following in making a determination under section 37:  (a) treat a person as having satisfied an eligibility requirement;  (b) treat an eligibility factor as existing, or not existing, in relation to a person.  (5) In this section: eligibility factor means:  (a) for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:  (i) whether the person qualifies for the payment; or  (ii) whether the payment is payable to the person; or  (b) for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card. eligibility requirement means:  (a) for a social security payment—a requirement that a person must satisfy:  (i) to qualify for the payment; or  (ii) for the payment to be payable to the person; or  (b) for a concession card—a requirement that a person must satisfy to qualify for the card.