Commonwealth Numbered Acts Commonwealth Numbered Acts
1 After section 12E
Insert:
A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.
2 At the end of Subdivision B of Division 1 of Part 3
Add:
15A Deemed claim--certain claims for carer allowance
Claim for carer payment rejected
(1) For the purposes of the social security law, if:
(a) 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
(b) the Secretary makes a determination rejecting the claim; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) 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
(2) For the purposes of the social security law, if:
(a) 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
(b) the Secretary makes a determination cancelling or suspending the carer's carer payment; and
(c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and
(d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and
(e) 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.
3 After section 95A
Insert:
95B Automatic suspension or cancellation--carer allowance
If:
(a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and
(b) the person's carer payment is suspended or cancelled;
the carer allowance is by force of this section, suspended or cancelled, as the case may be, on the same day that the person's carer payment is suspended or cancelled.
4 Transitional provision--deemed claim for carer allowance
Despite the repeal of paragraphs 198(2)(b) and (c) of the Social Security Act 1991 by this Act, subsection 15A(2) of the Social Security (Administration) Act 1999 applies to a person as if paragraph 15A(2)(a) included a reference to a person:
(a) who was qualified for a carer payment under either of the repealed paragraphs; and
(b) who:
(i) remains qualified for a carer payment because of subclause 141(1) of Schedule 1A to the Social Security Act 1991 ; or
(ii) becomes qualified for a carer payment because of subclause 140(3) of Schedule 1A to the Social Security Act 1991 .
[ Minister's second reading speech made in--
House of Representatives on 18 March 2009
Senate on 15 June 2009 ]
|
(49/09) |