the person’s start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
(2) If:
(a) a person becomes incapacitated for work as a result of a medical condition; and
(b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and
(c) the Secretary is satisfied that:
(i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and
(ii) the medical condition was the sole or principal cause of the person’s failure to make the claim within 5 weeks after the day on which the incapacity began;
the person’s start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.
12 Claim after death of partner
If:
(a) a person’s partner dies; and
(b) the person makes a claim for a social security payment within 4 weeks after the death of the partner;
the person’s start day in relation to the payment is the first day on which the person was qualified for the payment in the period starting on the day on which the partner died and ending on the day on which the claim was made.
13 Claim for social security payment following claim for AGDRP
If a person:
(a) is qualified for an AGDRP; and
(b) makes a claim for the payment; and
(ba) is in Australia when making that claim; and
(c) within 14 days after making that claim, makes a claim for another social security payment;
the person’s start day in relation to that other social security payment is the day on which the person became qualified for the AGDRP.
Division 3—Rules applying to particular social security payments
15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit
If:
(a) a person receives an austudy payment, jobseeker payment, youth allowance or special benefit; and
(b) either:
(i) the payment, allowance or benefit is not payable to the person because of subsection 63(4); or
(ii) a compliance penalty period applies to the person; and
(c) payment of the payment, allowance or benefit is cancelled (other than under Division 3AA of Part 3); and
(d) the person lodges a claim for an austudy payment, jobseeker payment, youth allowance or special benefit within 14 days after the day (the cancellation day) on which the cancellation of the payment, allowance or benefit referred to in paragraph (a) takes effect:
the person’s start day in relation to the payment, allowance or benefit to which the claim referred to in paragraph (d) relates is the day after the cancellation day.
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009
If:
(a) a person is qualified for a carer payment other than under section 198 of the 1991 Act; and
(b) the person makes a claim for a carer payment on or after 1 July 2009 and before 1 October 2009;
the person’s start day in relation to the payment is the day on which the person became qualified for a carer payment other than under section 198 of that Act.
18 Double orphan pension
If:
(a) a person (the claimant) is qualified for a double orphan pension for a young person; and
(b) the claimant makes a claim for double orphan pension for the young person within 13 weeks after the birth of the young person;
the claimant’s start day in relation to the pension is the first day on which the person was qualified for the pension in the period starting on the day of the young person’s birth and ending on the day on which the claim was made.
19 Double orphan pension—claim following death of former recipient
If:
(a) a person (the former recipient) who is receiving double orphan pension for a young person dies; and
(b) another person (the claimant) makes a claim for double orphan pension for the young person within 13 weeks after the death of the former recipient;
the claimant’s start day in relation to the double orphan pension is the first day on which the claimant was qualified for the pension in the period starting on the day of the former recipient’s death and ending on the day on which the claim was made.
28 Jobseeker payment—claimant for disability support pension
If:
(a) a person makes a claim for a jobseeker payment; and
(b) the person is qualified for a jobseeker payment under subsection 593(1B) of the 1991 Act;
the person’s start day in relation to the jobseeker payment is the day on which the person made the claim for a disability support pension referred to in paragraph 593(1B)(d) of that Act.
29 Parenting payment
If:
(a) a person has a PP child; and
(b) the person makes a claim for parenting payment within 4 weeks after the day on which the child became a PP child of the person;
the person’s start day in relation to the parenting payment is the first day on which the person was qualified for the payment in the period starting on the day on which the child became a dependent child of the person and ending on the day on which the claim was made.
30 Pensioner education supplement
If:
(a) a person makes a claim for a pensioner education supplement; and
(b) when the claim is made, the person is qualified for the supplement; and
(c) the claim is made within 4 weeks after the person became qualified for the supplement;
the person’s start day in relation to the pensioner education supplement is the day on which the person became qualified for the supplement.
31 Pensioner education supplement: claim before 1 April
If:
(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 April in that year; and
(b) the person’s course of education is a full year course that begins before 1 April in that year;
the person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 January in that year.
32 Pensioner education supplement: claim before 1 August
If:
(a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 August in that year; and
(b) the person’s course of education is a full year course that starts in the month of July in that year;
the person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 July in that year.
34 Youth allowance: incapacitated claimant
If:
(a) a person who is undertaking a course of full‑time study becomes incapacitated for study as a result of a medical condition; and
(b) the person makes a claim for a youth allowance within 5 weeks after the day on which the incapacity begins; and
(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;
the person’s start day in relation to the youth allowance is the first day on which the person was qualified for youth allowance in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
35 Youth allowance—claimant for disability support pension
If:
(a) a person makes a claim for a youth allowance; and
(b) the person is qualified for a youth allowance under subsection 540A(1) of the 1991 Act;
the person’s start day in relation to the youth allowance is the day on which the person made the claim for a disability support pension referred to in paragraph 540A(1)(c) of that Act.
36 Youth allowance—initial claim for family tax benefit
If:
(a) a claim is made for family tax benefit in respect of a person (the initial claim); and
(b) on the day on which the initial claim is made, the person is qualified for youth allowance; and
(c) the person afterwards makes a claim for youth allowance; and
(d) the Secretary is satisfied that it is reasonable for this clause to apply to the person;
the person’s start day in relation to youth allowance is the day on which the initial claim was made.
Division 4—Rules applying to health care cards
37 Health care cards, other than automatic issue health care cards
(1) If:
(a) a person makes a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and
(b) within the claim period, a professional service has been rendered to, or hospital treatment has been provided for, the person or a dependant of the person; and
(c) when the service was rendered or the treatment provided, as the case may be, the person was qualified for the card; and
(d) the person remained so qualified until the claim was made;
the person’s start day in relation to the health care card is:
(e) the day on which the professional service was rendered or the hospital treatment was provided, as the case may be; or
(f) if there were 2 or more such days within the claim period, the earlier or earliest of those days, as the case may be.
(2) For the purposes of subclause (1), any period earlier than 1 September 1981 that would, but for this subclause, be included in the claim period in respect of a particular claim is to be disregarded.
(3) In this clause:
claim period means:
(a) the period of 13 weeks ending on the day on which a claim is made; or
(b) such longer period as the Secretary, having regard to all the circumstances of the case, approves.
dependant has the same meaning as in Part 2A.1 of the 1991 Act.
hospital treatment has the same meaning as in the Health Insurance Act 1973.
professional service has the same meaning as in the Health Insurance Act 1973.
(4) The Secretary must not approve, under subclause (3), a period that includes a period earlier than 1 September 1981.
Schedule 5—Provisions relating to the Chief Executive Centrelink etc.
1 References to the Secretary and the Department—requirements etc. by delegate
(1) If the Secretary delegates to the CEO or an employee of the Agency a power under the social security law to require or request a person to give the Secretary a document or information, the delegate may, in exercising the power, require or request the person to give the document or information to the Chief Executive Centrelink instead of the Secretary.
(2) If the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) a power under the social security law to require or request a person to give or send to, or lodge with, the Department a document or information, the delegate may, in exercising the power, require or request the person to give or send the document or information to the Human Services Department, or lodge it with the Human Services Department, instead of the Department.
(3) A person who:
(a) gives a document or information to the Chief Executive Centrelink; or
(b) gives or sends a document or information to the Human Services Department, or lodges it with the Human Services Department;
in compliance with a requirement or a request by a delegate of the Secretary is to be treated for all purposes as if the person had:
(c) given the document or information to the Secretary; or
(d) given or sent the document or information to the Department, or lodged it with the Department;
as the case may be, in compliance with a requirement or request by the Secretary.
(4) A person who:
(a) does not give a document or information to the Chief Executive Centrelink; or
(b) does not give or send a document or information to the Human Services Department, or lodge it with the Human Services Department;
in compliance with a requirement or request by a delegate of the Secretary is to be treated for all purposes as if the person:
(c) had not given the document or information to the Secretary; or
(d) had not given or sent the document or information to the Department, or lodged it with the Department;
as the case may be, in compliance with a requirement or request by the Secretary.
2 References to the Secretary and the Department—directions by Secretary
(1) Subject to subclause (3), if:
(a) the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the Secretary’s powers under the social security law; and
(b) the delegation makes a reference to the Secretary, the Department, or an officer of the Department, in another provision of the social security law inappropriate, whether for administrative reasons or any other reason;
the provision has effect as if:
(c) the reference to the Secretary were a reference to the Chief Executive Centrelink; or
(d) the reference to the Department were a reference to the Human Services Department; or
(e) the reference to an officer of the Department were a reference to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);
as the case requires.
(2) The Secretary may, by legislative instrument, direct that a provision to which subclause (1) applies is to have an operation different from that provided for by that subclause.
(3) If the Secretary gives a direction under subclause (2) in relation to a provision, the provision has effect in accordance with the direction while the direction is in force.
(4) A direction under subclause (2) comes into force on the first moment of the day next following the day when it is registered in the Federal Register of Legislation under the Legislation Act 2003, or on such later day as is specified in it, and remains in force until it is revoked.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.