Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
This instrument indicates special circumstances that the Secretary may determine that a person's claim for pension bonus that is lodged after that person's claim for age bonus is taken to have been made at the same time as the age pension claim.
Administered by: Social Services
Registered 29 Mar 2018
Tabling HistoryDate
Tabled HR08-May-2018
Tabled Senate08-May-2018

 

Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018

 

 

 

I, Kathryn Campbell, Secretary of the Department of Social Services, make these Guidelines under subsection 17(6) of the Social Security (Administration) Act 1999.

Dated   27 March 2018

Kathryn Campbell

Secretary of the Department of Social Services


1  Name of Guidelines

                   These Guidelines are the Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2018.

2  Commencement

                   These Guidelines commence on 1 April 2018.

3  Authority

                   These Guidelines are made under subsection 17(6) of the Social Security (Administration) Act 1999.

Definition

                   In these Guidelines:

                   Act means the Social Security (Administration) Act 1999.

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Guidelines

(1)   For subsection 17(5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgement of a claim for pension bonus by a person who is a registered member of the pension bonus scheme when lodging a claim for age pension.

(2)   A special circumstance applies in relation to a claim for pension bonus by a person if:

(a)                the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and

(b)               an invitation was not made to the person under subsection 17(3) of the Act to lodge a claim for pension bonus; and

(c)                an invitation should have been made because:

                                                           (i)      the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and

                                                         (ii)                  the claim for age pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986; and

                                                       (iii)                  a claim for pension bonus was not attached to the claim for age pension; and

(d)               the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.

(3)   A special circumstance applies in relation to a claim for pension bonus by a person if:

(a)                the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and

(b)               all of the following apply:

                                                           (i)      the claim for age pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act 1986;

                                                         (ii)      the claimant did not disclose that information;

                                                       (iii)      the claimant did not knowing fail to disclose that information;

                                                       (iv)      the Secretary did not seek disclosure of that information before granting the claim for age pension.


 

 

 

Schedule 1—Repeals

Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2007

1  The whole of the instrument

Repeal the instrument