Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 97

97. (1) Subject to subsections (2) and (3), a person's provisional
commencement day is the day on which the person claims the invalid pension.
Initial incorrect claim followed by claim for invalid pension

(2) If:
(a) a person makes a claim (in this subsection called the "initial claim")
for:

   (i)  a social security or service pension or a social security benefit; or

   (ii) a pension, allowance, benefit or other payment under another Act, or
        under a program administered by the Commonwealth, that is similar in
        character to an invalid pension; and

   (b)  on the day on which the person makes the initial claim, the person is
        qualified for an invalid pension; and

   (c)  the person subsequently makes a claim for an invalid pension; and

   (d)  the Secretary is satisfied that it is reasonable for this subsection
        to apply to the person; the person's provisional commencement day is
        the day on which the person made the initial claim. Early claim

(3) If:

   (a)  a person lodges a claim for an invalid pension; and

   (b)  the person is not, on the day on which the claim is lodged, qualified
        for an invalid pension; and

   (c)  the person becomes qualified for an invalid pension sometime during
        the period of 3 months that starts immediately after the day on which
        the claim is lodged; the person's provisional commencement day is the
        first day on which the person is qualified for the pension and is an
        Australian resident and in Australia.