s 38

How to claim

In force

(1)

An individual (the claimant) may make a claim for payment of:

(a)

a stillborn baby payment in normal circumstances; or

(b)

a stillborn baby payment because of the death of another individual.

(2)

A claim is not effective unless:

(a)

the claim:

(i)

is made in a form and manner; and

(ii)

contains any information; and

(iii)

is accompanied by any documents;

required by the Secretary; and

(b)

in the case of a claim for a stillborn baby payment in normal circumstances—the claim contains an estimate of the sum of:

(i)

the individual’s adjusted taxable income; and

(ii)

if the individual is a member of a couple on the day the claim is made—the adjusted taxable income of the individual’s partner;

for the 6‑month period mentioned in paragraph 36(1)(d) of the Family Assistance Act; and

(c)

in the case of a claim for a stillborn baby payment in normal circumstances—the tax file number requirement in section 38A has been satisfied in relation to the claim; and

(d)

in the case of a claim for a stillborn baby payment because of the death of another individual—the tax file number requirement in section 38B has been satisfied in relation to the claim.

Estimate of adjusted taxable income

(3)

For the purposes of paragraph (2)(b):

(a)

a reference in Schedule 3 to the Family Assistance Act to an income year is taken to be a reference to the 6‑month period referred to in that paragraph; and

(b)

disregard subclause 2(2) and clauses 3 and 3A of that Schedule.

Research tools for this sectionPro

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.