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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 17 Special requirements regarding claims for pension bonus

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 17

Special requirements regarding claims for pension bonus

  (1)   A claim for pension bonus must be:

  (a)   attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or

  (b)   made in accordance with an invitation under subsection   (3); or

  (c)   the subject of a determination under subsection   (5).

  (2)   A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age 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 an age pension.

  (3)   If:

  (a)   a person makes a claim for an age pension; and

  (b)   the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of:

  (i)   the pension bonus scheme; or

  (ii)   the corresponding scheme under Part   IIIAB of the Veterans' Entitlements 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 age pension;

the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus:

  (e)   within such period after the lodgment of the claim for age pension as is specified in the notice; and

  (f)   at such place as in specified in the notice.

  (4)   If a claim for pension bonus is made in accordance with an invitation under subsection   (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension.

  (5)   If:

  (a)   a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and

  (b)   a claim for pension bonus for the person is lodged after the claim for age pension; and

  (c)   the Secretary 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 Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.

  (6)   The Secretary may, by legislative instrument, make guidelines for the purposes of subsection   (5).