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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 13
Deemed claimperson contacting Department about a claim for a social security payment
- (1)
- For the purposes of the social security law, if:
- (a)
- the Department is contacted by or on behalf of a person in relation to a
claim for a social security payment; and
- (b)
- the person is, on the day on which the Department is contacted, qualified
for the social security payment; and
- (c)
- the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim; and
- (d)
- the person lodges a claim for the social security payment within 14 days
after the Department is contacted;
the person is taken to have made a claim for the social security payment on
the day on which the Department was contacted.
- (2)
- For the purposes of the social security law, if:
- (a)
- the Department is contacted by or on behalf of a person in relation to a
claim for a social security payment, other than crisis payment or special
employment advance; and
- (b)
- the person is, on the day on which the Department is contacted, qualified
for the social security payment; and
- (c)
- the Secretary gives the person a written notice acknowledging that the
Department has been contacted in relation to the making of the claim; and
- (d)
- the person lodges a claim for the payment more than 14 days, but not more
than 13 weeks, after the Department is contacted; and
- (e)
- the Secretary is satisfied that:
- (i)
- throughout the period starting on the day on which the Department was
contacted and ending on the day on which the person lodged the claim, the
person was suffering from a medical condition; and
- (ii)
- that medical condition, or circumstances related to that medical
condition, had a significant adverse effect on the person's ability to lodge
the claim earlier;
the person is taken to have made a claim for the social security payment on
the day on which the Department was contacted.
- (3)
- For the purposes of the social security law, if:
- (a)
- the Department is contacted by or on behalf of a person (the claimant ) in
relation to a claim for a social security payment, other than crisis payment
or special employment advance; and
- (b)
- the claimant is, on the day on which the Department is contacted,
qualified for the social security payment; and
- (c)
- the Secretary gives the claimant a written notice acknowledging that the
Department has been contacted in relation to the making of the claim; and
- (d)
- the claimant lodges a claim for the payment more than 14 days, but not
more than 13 weeks, after the Department is contacted; and
- (e)
- the Secretary is satisfied that:
- (i)
- throughout the period starting on the day on which the Department was
contacted and ending on the day on which the claimant lodged the claim, the
claimant was caring for, or was the partner of, another person; and
- (ii)
- throughout that period, the other person suffered from a medical
condition; and
- (iii)
- the medical condition, or circumstances related to the medical
condition, from which the other person was suffering had a significant adverse
effect on the claimant's ability to lodge the claim earlier;
the claimant is taken to have made a claim for the social security payment on
the day on which the Department was contacted.
- (4)
- A reference in this section to the Department being contacted includes a
reference to the Department being contacted by post or telephone or by the
transmission of a message by the use of facsimile, computer equipment or other
electronic means.
- (5)
- This section has effect subject to section 18.
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