Commonwealth Consolidated Acts

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.