Deemed claim—certain claims for carer allowance
15A Deemed claim—certain claims for carer allowance
Claim for carer payment rejected
For the purposes of the social security law, if:
on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and
the Secretary makes a determination rejecting the claim; and
within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
the Secretary is satisfied that it is reasonable that this section be applied;
the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.
Carer payment suspended or cancelled
For the purposes of the social security law, if:
on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and
the Secretary makes a determination cancelling or suspending the carer’s carer payment; and
within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
the Secretary is satisfied that it is reasonable that this section be applied;
the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.
This Act’s bill:Explanatory memorandumSecond reading speech
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