SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 15 Deemed claim--incorrect or inappropriate claims
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 15
Deemed claim--incorrect or inappropriate claims(1) For the purposes of the social security law, if:
(a) a person makes an incorrect claim; and
(b) the person subsequently makes a claim for a social security payment for which the person is qualified; and
(c) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.
(2) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a social security payment, other than a supplementary payment; and
(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.
(3) For the purposes of this section, a claim made by a person is an incorrect claim if:
(a) the claim is for a supplementary payment; and
(b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.
(4) For the purposes of the social security law, if:
(a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim ); and
(b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and
(c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim ); and
(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
(4A) For the purposes of the social security law, if:
(a) a person makes a claim for an income support payment (the initial claim ); and
(b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment ); and
(c) the person subsequently makes a claim for the other income support payment (the later claim ); and
(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
(4B) For the purposes of the social security law, if:
(a) a person makes a claim for a supplementary payment (the initial claim ); and
(b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment ); and
(c) the person subsequently makes a claim for the other supplementary payment (the later claim ); and
(d) the Secretary is satisfied that it is reasonable that this subsection be applied;
the person is taken to have made the later claim on the day on which the initial claim was made.
"supplementary payment" means:
(c) education entry payment; or
(j) pensioner education supplement.