Commonwealth Numbered Acts

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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 39

Restrictions on claiming

"Normal circumstances" entitlement must not already have been determined, or be awaiting determination, on a previous claim

(1)
A claim for payment of maternity allowance or maternity immunisation allowance in normal circumstances is not effective if the claimant has previously made such a claim based on the same circumstances (whether or not the claim has yet been determined).

"Normal circumstances" maternity allowance claim must be made within limited period after birth etc. of child

(2)
Subject to subsection (3), a claim for payment of maternity allowance in normal circumstances is not effective if it is made later than 26 weeks after:

(a)
if the circumstances covered by the claim involve eligibility under any of subsections 36(2) to (4) of the Family Assistance Act—the birth of the child mentioned in that subsection; or

(b)
if the circumstances covered by the claim involve eligibility under subsection 36(5) of that Act—the time the child mentioned in that subsection is entrusted to the care of the claimant.

Extension of 26 week period in subsection (2)

(3)
If the Secretary is satisfied that the claimant was unable to make a claim for payment of maternity allowance in normal circumstances because of severe illness associated with the birth of the child concerned, the Secretary may extend the period of 26 weeks mentioned in subsection (2) to such longer period as the Secretary considers appropriate.

"Normal circumstances" maternity immunisation allowance claim must be made within limited period after birth etc. of child

(4)
A claim for payment of maternity immunisation allowance in normal circumstances is not effective if it is made after:

(a)
if the child mentioned in section 39 of the Family Assistance Act is not stillborn but dies before reaching the age of 2 years—the later of:

(i)
13 weeks after the death of the child; and
(ii)
2 years after the birth of the child; or
(b)
in any other case—2 years after the birth of the child.

"Bereavement" entitlement must not already have been determined, or be awaiting determination, on a previous claim

(5)
A claim for payment of maternity allowance or maternity immunisation allowance because of the death of another person is not effective if the claimant has previously made such a claim because of the death of that person (whether or not the claim has yet been determined).



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