Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) ACT 1996 No. 84, 1996 - SCHEDULE 9

Schedule 9-Amendments relating to the lodgment of claims
by sick or incapacitated people Social Security Act 1991 1 After section 100
Insert: 100A Telephone claims

(1) Subject to subsection (2), this section applies to a person if:

   (a)  the person telephones the Department in relation to making a claim
        for:

        (i)    a disability support pension; or

        (ii)   a sickness allowance; or

        (iii)  a newstart allowance; or

        (iv)   a youth training allowance; and

   (b)  on the day the person made the telephone call, the person was
        qualified for a disability support pension; and

   (c)  the Secretary gives the person a written notice acknowledging that the
        person has contacted the Department in relation to making the claim;
        and

   (d)  the person lodges a claim for a pension or allowance referred to in
        paragraph (a) within the period specified in subsection (2); and

   (e)  if the claim referred to in paragraph (d) is not a claim for a
        disability support pension-the person subsequently lodges a claim for
        a disability support pension; and

   (f)  the Secretary is satisfied that the person suffered a medical
        condition that significantly impacted on the person's ability to work
        at the time the person made the telephone call referred to in
        paragraph (a); and

   (g)  either:

        (i)    the person gives the Secretary the notice referred to in
               paragraph (c) when lodging the claim referred to in paragraph
               (d); or

        (ii)   the Department has a written record that the notice referred to
               in paragraph (c) has been sent to the person.

(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the
period is 21 days after the day on which the person made the telephone call to
the Department (the 21 day period).

(3) The Secretary may, at the request of the person, determine, by written
notice given to the person:

   (a)  within the 21 day period; or

   (b)  within the period of any extension under this subsection; that the
        period for the purposes of paragraph (1)(d) is extended to a period
        that is not longer than 3 months after the day on which the person
        made the telephone call to the Department.

(4) If this section applies to a person, the person is taken to have lodged a
claim in accordance with subsection 108(1) on the day on which the person made
the telephone call referred to in paragraph (1)(a). 2 After section 615
Insert: 615A Telephone claims

(1) Subject to subsection (2), this section applies to a person if:

   (a)  the person telephones the Department in relation to making a claim
        for:

        (i)    a newstart allowance; or

        (ii)   a sickness allowance; or

        (iii)  disability support pension; or

        (iv)   a youth training allowance; and

   (b)  on the day the person made the telephone call, the person was
        qualified for a newstart allowance; and

   (c)  the Secretary gives the person a written notice acknowledging that the
        person has contacted the Department in relation to making the claim;
        and

   (d)  the person lodges a claim for a pension or allowance referred to in
        paragraph (a) within the period specified in subsection (2); and

   (e)  if the claim referred to in paragraph (d) is not a claim for a
        newstart allowance-the person subsequently lodges a claim for a
        newstart allowance; and

   (f)  the Secretary is satisfied that the person suffered a medical
        condition that significantly impacted on the person's ability to work
        at the time the person made the telephone call referred to in
        paragraph (a); and

   (g)  either:

        (i)    the person gives the Secretary the notice referred to in
               paragraph (c) when lodging the claim referred to in paragraph
               (d); or

        (ii)   the Department has a written record that the notice referred to
               in paragraph (c) has been sent to the person.

(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the
period is 21 days after the day on which the person made the telephone call to
the Department (the 21 day period).

(3) The Secretary may, at the request of the person, determine, by written
notice given to the person:

   (a)  within the 21 day period; or

   (b)  within the period of any extension under this subsection; that the
        period for the purposes of paragraph (1)(d) is extended to a period
        that is not longer than 3 months after the day on which the person
        made the telephone call to the Department.

(4) If this section applies to a person, the person is taken to have lodged a
claim in accordance with subsection 637(1) on the day on which the person made
the telephone call referred to in paragraph (1)(a). 3 After section 687
Insert: 687A Telephone claims

(1) Subject to subsection (2), this section applies to a person if:

   (a)  the person telephones the Department in relation to making a claim
        for:

        (i)    a sickness allowance; or

        (ii)   a newstart allowance; or

        (iii)  disability support pension; or

        (iv)   a youth training allowance; and

   (b)  on the day the person made the telephone call, the person was
        qualified for a sickness allowance; and

   (c)  the Secretary gives the person a written notice acknowledging that the
        person has contacted the Department in relation to making the claim;
        and

   (d)  the person lodges a claim for a pension or allowance referred to in
        paragraph (a) within the period specified in subsection (2); and

   (e)  if the claim referred to in paragraph (d) is not a claim for a
        sickness allowance-the person subsequently lodges a claim for a
        sickness allowance; and

   (f)  the Secretary is satisfied that the person suffered a medical
        condition that significantly impacted on the person's ability to work
        at the time the person made the telephone call referred to in
        paragraph (a); and

   (g)  either:

        (i)    the person gives the Secretary the notice referred to in
               paragraph (c) when lodging the claim referred to in paragraph
               (d); or

        (ii)   the Department has a written record that the notice referred to
               in paragraph (c) has been sent to the person.

(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the
period is 21 days after the day on which the person made the telephone call to
the Department (the 21 day period).

(3) The Secretary may, at the request of the person, determine, by written
notice given to the person:

   (a)  within the 21 day period; or

   (b)  within the period of any extension under this subsection; that the
        period for the purposes of paragraph (1)(d) is extended to a period
        that is not longer than 3 months after the day on which the person
        made the telephone call to the Department.

(4) If this section applies to a person, the person is taken to have lodged a
claim in accordance with subsection 701(1) on the day on which the person made
the telephone call referred to in paragraph (1)(a). Student and Youth
Assistance Act 1973 4 After section 91 Insert: 91A Telephone claims

(1) Subject to subsection (2), this section applies to a person if:

   (a)  the person telephones the Department in relation to making a claim
        for:

        (i)    a youth training allowance; or

        (ii)   a disability support pension under the Social Security Act; or

        (ii)   a sickness allowance under the Social Security Act; or

        (iii)  a newstart allowance under the Social Security Act; and

   (b)  on the day the person made the telephone call, the person was
        qualified for a youth training allowance; and

   (c)  the Secretary gives the person a written notice acknowledging that the
        person has contacted the Department in relation to making the claim;
        and

   (d)  the person lodges a claim for a pension or allowance referred to in
        paragraph (a) within the period specified in subsection (2); and

   (e)  if the claim referred to in paragraph (d) is not a claim for a youth
        training allowance-the person subsequently lodges a claim for a youth
        training allowance; and

   (f)  the Secretary is satisfied that the person suffered a medical
        condition that significantly impacted on the person's ability to work
        at the time the person made the telephone call referred to in
        paragraph (a); and

   (g)  either:

        (i)    the person gives the Secretary the notice referred to in
               paragraph (c) when lodging the claim referred to in paragraph
               (d); or

        (ii)   the Department has a written record that the notice referred to
               in paragraph (c) has been sent to the person.

(2) Subject to subsection (3), for the purposes of paragraph (1)(d), the
period is 21 days after the day on which the person made the telephone call to
the Department (the 21 day period).

(3) The Secretary may, at the request of the person, determine, by written
notice given to the person:

   (a)  within the 21 day period; or

   (b)  within the period of any extension under this subsection; that the
        period for the purposes of paragraph (1)(d) is extended to a period
        that is not longer than 3 months after the day on which the person
        made the telephone call to the Department.

(4) If this section applies to a person, the person is taken to have lodged a
claim in accordance with section 127 on the day on which the person made the
telephone call referred to in paragraph (1)(a).