45UKProper claim

#### 45UK Proper claim (1) To be a proper claim, a claim for pension bonus must be: (a) in writing; and (b) in accordance with a form approved by the Commission; and (c) one of the following: (i) attached to, or submitted in relation to, a proper claim made by the person for a designated pension; (ii) made in accordance with an invitation under subsection (3); (iii) the subject of a determination under subsection (5); and (d) lodged at an office of the Department in Australia in accordance with section 5T within the applicable lodgment period (see section 45UL). (1A) A claim for pension bonus can only be attached to a proper claim for a designated pension in accordance with subparagraph (1)(c)(i) if neither claim is transmitted electronically. (1B) A claim for pension bonus lodged in accordance with section 5T is taken to have been made on a day determined under that section. (2) A claim for pension bonus is a proper claim even though it is not certain whether the person will start to receive a designated pension at or after the time when the person makes the claim. The claim has effect as a claim that is contingent on the person receiving a designated pension. (3) If: (a) a person makes a proper claim for a designated pension; and (b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is a registered member of: (i) the pension bonus scheme; or (ii) the corresponding scheme under Part 2.2A of the Social Security Act; and (c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and (d) a claim by the person for pension bonus is not attached to the claim for the designated pension; the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus at an office of the Department in Australia in accordance with section 5T, within such period after the lodgment of the claim for the designated pension as is specified in the invitation. (3A) A claim for pension bonus lodged in accordance with section 5T is taken to have been made on a day determined under that section. (4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), this Part (other than this section) has effect as if the person had claimed the pension bonus at the same time as the person claimed the designated pension. (5) If: (a) a person who is a registered member of the pension bonus scheme lodges a claim for a designated pension; and (b) a claim for pension bonus for the person is lodged after the claim for the designated pension; and (c) the Commission is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus; the Commission may determine that this Part (other than this section) has effect as if the claim for the pension bonus had been made at the time the person claimed the designated pension. (6) The Commission may, by legislative instrument, make guidelines for the purposes of subsection (5).