SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 37 Grant of claim

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 37

  (1)   Subject to this section and section   40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:

  (a)   the claimant is qualified for the social security payment; and

  (b)   the social security payment is payable.

  (1A)   The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:

  (a)   the claimant is qualified, or is expected to be qualified, for the payment; and

  (b)   the payment would be payable apart from the application of a compliance penalty period.

  (2)   The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:

  (a)   the claimant is qualified, or is expected to be qualified, for the payment; and

  (b)   the payment would be payable apart from:

  (i)   the application of a waiting period; or

  (ii)   the application of a compliance penalty period; or

  (v)   the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or

  (vi)   the operation of section   615 of the 1991 Act.

  (3)   The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:

  (a)   the person is qualified, or is expected to be qualified, for the payment; and

  (b)   the payment would be payable if the person were not subject to a seasonal work preclusion period.

  (4)   Subsection   (3) applies to the following social security payments:

  (c)   jobseeker payment;

  (d)   parenting payment;

  (g)   youth allowance;

  (ga)   special benefit;

  (h)   disability support pension;

  (j)   carer payment;

  (k)   austudy payment.

  (5)   If:

  (a)   a determination has been made under subsection   (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection   593(1B) of the 1991 Act; and

  (b)   the person ceases to be qualified for the payment under subsection   593(1B) of the 1991 Act but becomes qualified for the payment under subsection   593(1) of that Act within 14 days after the person ceased to be qualified under subsection   593(1B);

the Secretary may make a determination varying the first - mentioned determination to give effect to any change in the person's start day.

  (6)   The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:

  (a)   the person is qualified, or is expected to be qualified, for the allowance or payment; and

  (b)   the allowance or payment would be payable, apart from:

  (i)   the application of a waiting period; or

  (ii)   the application of a compliance penalty period; or

  (v)   the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; or

  (vi)   if the claim is a claim for youth allowance--the operation of section   547AA of the 1991 Act.

  (7)   The Secretary must determine that a claim made in accordance with section   35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:

  (a)   the claimant:

  (i)   is in gaol; or

  (ii)   is undergoing psychiatric confinement because he or she has been charged with an offence; and

  (b)   the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and

  (c)   there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant's expected release day for the purposes of subsection   35(1); and

  (d)   either:

  (i)   in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or

  (ii)   in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and

  (e)   the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.

  (8)   The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.

Note:   In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income - tested health care card if the Secretary makes a request under subsection   75(2) or (3) of the claimant (about providing tax file numbers): see subsection   77(1).

  (9)   A determination under subsection   (8) granting a claim for a seniors health card:

  (a)   must specify the period at the end of which the determination ceases to have effect; and

  (b)   unless it has already been cancelled, ceases to have effect at the end of that period.

  (10)   A determination under subsection   (8) granting a claim for a health care card under Subdivision B of Division   3 of Part   2A.1 of the 1991 Act:

  (a)   must specify the period at the end of which the determination ceases to have effect; and

  (b)   unless it has already been cancelled, ceases to have effect at the end of that period.

  (11)   The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections   (9) and (10).