Commonwealth Numbered Acts

SOCIAL SERVICES LEGISLATION AMENDMENT ACT 1982 No. 37, 1982 - SECT 41

41. Section 119 of the Principal Act is amended-

   (a)  by inserting after sub-section (1A) the following sub-section:

''(1B) Where-

   (a)  a person becomes registered as unemployed by the Commonwealth
        Employment Service; and

   (b)  the person makes a claim for unemployment benefit within the period of
        14 days after the day on which the person became so registered or
        within such further period as the Director-General considers
        reasonable,

the day on which the person became so registered shall, for the purposes of
the application of sub-section (1) in relation to the person, be taken to be
the day on which the person made the claim for unemployment benefit.'';

   (b)  by omitting from sub-section (2) ''Subject to the next succeeding
        sub-section'' and substituting ''Subject to sub-section (2A)'';

   (c)  by inserting after sub-section (2) the following sub-section-

''(2A) Notwithstanding sub-section (2), where-

   (a)  a claim for sickness benefit in respect of an incapacity (in this
        sub-section referred to as the 'recurring incapacity') of a person is
        lodged within the time referred to in sub-section (2);

   (b)  the Director-General is satisfied that the cause of the recurring
        incapacity is connected with the cause of a previous incapacity of the
        person; and

   (c)  the person has received sickness benefit in respect of that previous
        incapacity,

sickness benefit payable to the person in respect of the recurring incapacity
is payable from and including the commencement of the period of the recurring
incapacity.'';

         (d)  by inserting in sub-section (3) ''cause of the'' before
''incapacity''; and

   (e)  by inserting after sub-section (3) the following sub-section:

''(3A) Notwithstanding sub-section (3), where-

   (a)  a claim for sickness benefit in respect of an incapacity (in this
        sub-section referred to as the 'recurring incapacity') of a person is
        not lodged within the time referred to in sub-section (2);

   (b)  the Director-General is satisfied that-

        (i)    the failure to lodge the claim within that time was due to the
               cause of the recurring incapacity or to some other sufficient
               cause; and

        (ii)   the cause of the recurring incapacity is connected with the
               cause of a previous incapacity of the person; and

   (c)  the person has received sickness benefit in respect of that previous
        incapacity,

sickness benefit payable to the person in respect of the recurring incapacity
is payable from and including the commencement of the period of the recurring
incapacity.''.