Document ID: chunk:federal_register_of_legislation:C2009A00044:clause:1_140
Version: federal_register_of_legislation:C2009A00044
Segment Type: clause
Provision Reference: sch 1 cl 140
Character Range: 32258–33696

140  Person whose carer payment was cancelled on or after 1 July 2008 and before 1 July 2010

Circumstances in which clause applies
 (1) This clause applies if:
 (a) a person (the carer) received or receives a carer payment on or after 1 July 2008 for caring for one or more persons aged under 16; and
 (b) the carer was or is qualified for the payment under paragraph 198(2)(b) or (c) of this Act (whether or not because of clause 141); and
 (c) the payment was cancelled:
 (i) with effect before the commencement of this clause; or
 (ii) with effect on or after that commencement and before 1 July 2010; and
 (d) on or after 1 July 2009 and before 1 July 2010, the carer makes a claim for a carer payment for caring for the same person or persons aged under 16.

Claim may be assessed as if paragraphs 198(2)(b) and (c) had not been repealed
 (2) In addition to being assessed against this Act as in force after the commencement of this clause, the carer's claim may be assessed as if paragraphs 198(2)(b) and (c) of this Act had not been repealed.
Note: The effect of subclause (2) is that the person may qualify for a carer payment under paragraph 198(2)(b) or (c) or section 197B, 197C or 197E.
 (3) Subject to clause 141, if, because of subclause (2), the person is qualified for a carer payment under paragraph 198(2)(b) or (c) of this Act, this Act (as in force immediately before 1 July 2009) applies in relation to the person.