Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 37

Grant of claim
(1)
Subject to section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:

(a)
the claimant is qualified for the social security payment; and

(b)
the social security payment is payable.

(2)
The Secretary must determine that a claim for a newstart allowance is to be granted if the Secretary is satisfied that:

(a)
the claimant is qualified, or is expected to be qualified, for the allowance; and

(b)
the allowance would be payable apart from:

(i)
the application of a waiting period; or
(ii)
the application of an activity test non-payment period; or
(iii)
the application of an activity test breach rate reduction period where the activity test breach rate reduction reduces the rate of newstart allowance payable to the claimant to nil; or
(iv)
the application of an administrative breach rate reduction period where the administrative breach rate reduction reduces the rate of newstart allowance payable to the person to nil; or
(v)
the application of an income maintenance period where the rate of newstart allowance payable to the person is nil.
(3)
The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:

(a)
the person is qualified, or is expected to be qualified, for the payment; and

(b)
the payment would be payable if the person were not subject to a seasonal work preclusion period.

(4)
Subsection (3) applies to the following social security payments:

(a)
mature age allowance under Part 2.12A;

(b)
mature age allowance under Part 2.12B;

(c)
newstart allowance;

(d)
parenting payment;

(e)
partner allowance;

(f)
widow allowance;

(g)
youth allowance.

(5)
If:

(a)
a determination has been made under subsection (1) granting a claim for a newstart allowance to a person who was qualified for the allowance under subsection 593(1B) of the 1991 Act; and

(b)
the person ceases to be qualified for the allowance under subsection 593(1B) of the 1991 Act but becomes qualified for the allowance under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);

the Secretary may make a determination varying the first-mentioned determination to give effect to any change in the person's start day.

(6)
The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:

(a)
the person is qualified, or is expected to be qualified, for the allowance or payment; and

(b)
the allowance or payment would be payable, apart from:

(i)
the application of a waiting period; or
(ii)
the application of an activity test non-payment period; or
(iii)
the application of an activity test breach rate reduction period where the activity test breach rate reduction reduces the rate of allowance or payment payable to the claimant to nil; or
(iv)
the application of an administrative breach rate reduction period where the administrative breach rate reduction reduces the rate of allowance or payment payable to the person to nil; or
(v)
the application of an income maintenance period where the rate of allowance or payment payable to the person is nil.
(7)
The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that:

(a)
the claimant:

(i)
is in gaol; or
(ii)
is undergoing psychiatric confinement because he or she has been charged with an offence; and
(b)
the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and

(c)
there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant's expected release day for the purposes of subsection 35(1); and

(d)
either:

(i)
in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or
(ii)
in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and
(e)
the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.

(8)
The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.


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