SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 15A Deemed claim--certain claims for carer allowance

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 15A

Claim for carer payment rejected

  (1)   For the purposes of the social security law, if:

  (a)   on or after 1   July 2009, a person (the carer ) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph   198(2)(d); and

  (b)   the Secretary makes a determination rejecting the claim; and

  (c)   within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and

  (d)   the carer is qualified under section   953 of the 1991 Act for carer allowance for the person; and

  (e)   the Secretary is satisfied that it is reasonable that this section be applied;

the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.

Carer payment suspended or cancelled

  (2)   For the purposes of the social security law, if:

  (a)   on or after 1   July 2009, a person (the carer ) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph   198(2)(d); and

  (b)   the Secretary makes a determination cancelling or suspending the carer's carer payment; and

  (c)   within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and

  (d)   the carer is qualified under section   953 of the 1991 Act for carer allowance for the person; and

  (e)   the Secretary is satisfied that it is reasonable that this section be applied;

the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.