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Name of Guidelines
1 Name of Guidelines
These Guidelines are the Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018.
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These Guidelines permit people to lodge a late pension-bonus claim within two years of lodging an age‑pension claim if specific administrative or disclosure failures occurred (s6). They set two factual routes for relief based on whether the Department invited a claim, what the Department knew about a person’s registration, and whether the age‑pension form required disclosure. The Secretary decides if the criteria are met; claimants carry disclosure and evidentiary burdens; payments remain payable from the pension system; Schedule 1 repeals the 2007 Guidelines.
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Direct links to the current provisions in Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018.
These Guidelines are the Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018.
These Guidelines commence on 1 April 2018.
These Guidelines are made under subsection 17(6) of the Social Security (Administration) Act 1999.
In these Guidelines: Act means the Social Security (Administration) Act 1999.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) For subsection 17(5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgement of a claim for pension bonus by a person who is a registered member of the pension bonus scheme when lodging a claim for age pension.
(2) A special circumstance applies in relation to a claim for pension bonus by a person if:
(a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and
(b) an invitation was not made to the person under subsection 17(3) of the Act to lodge a claim for pension bonus; and
(c) an invitation should have been made because:
(i) the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and
(ii) the claim for age pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986; and
(iii) a claim for pension bonus was not attached to the claim for age pension; and
(d) the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.
(3) A special circumstance applies in relation to a claim for pension bonus by a person if:
(a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and
(b) all of the following apply:
(i) the claim for age pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986;
(ii) the claimant did not disclose that information;
(iii) the claimant did not knowing fail to disclose that information;
(iv) the Secretary did not seek disclosure of that information before granting the claim for age pension.
Schedule 1—Repeals
Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2007
1 The whole of the instrument
Repeal the instrument
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Guidelines are the Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018.
These Guidelines commence on 1 April 2018.
These Guidelines are made under subsection 17(6) of the Social Security (Administration) Act 1999.
In these Guidelines: Act means the Social Security (Administration) Act 1999.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) For subsection 17(5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgement of a claim for pension bonus by a person who is a registered member of the pension bonus scheme when lodging a claim for age pension.
(2) A special circumstance applies in relation to a claim for pension bonus by a person if:
(a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and
(b) an invitation was not made to the person under subsection 17(3) of the Act to lodge a claim for pension bonus; and
(c) an invitation should have been made because:
(i) the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and
(ii) the claim for age pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986; and
(iii) a claim for pension bonus was not attached to the claim for age pension; and
(d) the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.
(3) A special circumstance applies in relation to a claim for pension bonus by a person if:
(a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and
(b) all of the following apply:
(i) the claim for age pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986;
(ii) the claimant did not disclose that information;
(iii) the claimant did not knowing fail to disclose that information;
(iv) the Secretary did not seek disclosure of that information before granting the claim for age pension.
Schedule 1—Repeals
Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2007
1 The whole of the instrument
Repeal the instrument