Lodgment period for claim
45UL Lodgment period for claim
This section sets out rules for determining the period (the lodgment period) within which a claim for pension bonus must be made.
However, the Commission may in special circumstances allow a person a longer period to make a claim than the period determined under this section. If the Commission does so, the lodgment period for the person’s claim is the period allowed by the Commission.
Subsection (1A) does not apply in relation to a claim for which the lodgment period is determined under subsection (3).
Lodgment period where last bonus period is a full‑year period
If a person’s last bonus period is a full‑year period, the lodgment period applicable to the person’s claim for pension bonus is the period of 13 weeks beginning at the end of that bonus period. However, this rule does not apply if:
the person is an exempt partnered person (see subsection (8)) as at the end of the person’s last bonus period; or
the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or
the person is a post‑70/75 member of the pension bonus scheme and has a post‑70/75 work period (see subsection (9)).
For the rule in these cases, see subsections (5), (6) and (7).
Lodgment period where last bonus period is a part‑year period
If a person’s last bonus period is a part‑year period, the lodgment period applicable to the person’s claim for pension bonus is:
the period of 13 weeks beginning at the end of that bonus period; or
if the Commission allows a longer period—that longer period.
However, this rule does not apply if:
the person is an exempt partnered person (see subsection (8)) as at the end of the person’s last bonus period; or
the person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period; or
the person is a post‑70/75 member of the pension bonus scheme and has a post‑70/75 work period (see subsection (9)).
For the rule in these cases, see subsections (5), (6) and (7).
If:
subsection (3) applies to a person’s claim for pension bonus; and
the claim is lodged within a period allowed under paragraph (3)(b);
Division 6 has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part‑year bonus period.
Lodgment period for exempt partnered person
If a person is an exempt partnered person as at the end of the person’s last bonus period because the person is a member of a couple, the lodgment period applicable to the person’s claim for pension bonus is the period:
beginning at the end of that bonus period; and
ending at:
the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or
the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason);
whichever comes first.
Lodgment period for non‑accruing member
If a person’s membership of the pension bonus scheme becomes non‑accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period:
beginning at the end of the person’s last bonus period; and
ending 13 weeks after the time when the person’s membership of the scheme ceases to be non‑accruing.
Lodgment period for post‑70/75 member who has a post‑70/75 work period
If a post‑70/75 member of the pension bonus scheme has a post‑70/75 work period, the lodgment period applicable to the person’s claim for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post‑70/75 work period.
Exempt partnered person
For the purposes of this section, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple, and:
the person’s partner is an accruing or non‑accruing member of the pension bonus scheme; or
the person’s partner is an accruing or non‑accruing member of the corresponding scheme under Part 2.2A of the Social Security Act.
Post‑70/75 member with a post‑70/75 work period
For the purposes of this section, a post‑70/75 member of the pension bonus scheme has a post‑70/75 work period if:
the person’s claim for pension bonus nominates a particular period as the person’s post‑70/75 work period; and
the nominated period begins immediately after the end of the person’s last bonus period; and
if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.
Test period is defined by subsection (10).
For the purposes of subsection (9), to work out what is a test period:
identify the extended period, which is that part of the nominated period when the person was neither:
subject to a carer preclusion period; nor
covered by a declaration under section 45TO;
if the extended period is 365 days or less—the extended period is the only test period;
if the extended period is longer than 365 days—each of the following periods is a test period:
the full‑year period beginning at the start of the extended period;
if 2 or more succeeding full‑year periods are included in the extended period—each of those full‑year periods;
the remainder (if any) of the extended period.
In addition to its effect apart from this subsection, section 45U (evidentiary certificates) also has the effect it would have if each reference in paragraph 45U(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post‑70/75 member of the scheme.
Last bonus period
For the purposes of this section, if a person has accrued only one full year bonus period, that period is the person’s last bonus period.
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