(1)

If a claim is effective, the Secretary must determine the claim in accordance with this section and sections 42 to 44. If the claim is not effective, it is taken not to have been made.

Information to be taken into account

(2)

The Secretary is to make the determination:

(a)

having regard only to the information in the claim (and any accompanying documents or information required by the Secretary); or

(b)

having regard to the things in paragraph (a) and also to any other information or documents (whether or not provided by the claimant).

Deferral of "normal circumstances" maternity allowance determination because of ineligibility

(3)

If:

(a)

the claim is one for payment of maternity allowance in normal circumstances; and

(b)

at the time the determination would otherwise be made, the claimant is not eligible for maternity allowance in accordance with Subdivision A of Division 2 of Part 3 of the Family Assistance Act; and

(c)

the reason the claimant is not eligible is not that there was no child born to whom the claim could relate; and

(d)

the time the determination would otherwise be made is not more than 13 weeks after:

(i)

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

(ii)

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; and

(e)

the Secretary is satisfied, at the time the determination would otherwise be made, that the claimant is likely to become eligible for maternity allowance in accordance with Subdivision A of Division 2 of Part 3 of the Family Assistance Act by the end of the 13 weeks mentioned in paragraph (d);