Document ID: chunk:federal_register_of_legislation:C2004C01135:clause:1_1061zaao
Version: federal_register_of_legislation:C2004C01135
Segment Type: clause
Provision Reference: sch 1 cl 1061ZAAO
Character Range: 24936–26315

1061ZAAO  Payment of allowance after death

 (1) If:
 (a) a person (the student) has died; and
 (b) fares allowance was payable to the student at the time of his or her death; and
 (c) the allowance was not paid before that time;
a person may apply to receive the allowance.

 (2) Without limiting the effect that paragraph (1)(b) has apart from this subsection, fares allowance is taken for the purposes of that paragraph to have been payable to the student at the time of his or her death if:
 (a) at that time the student was qualified for the fares allowance but had not made a proper claim for the allowance; and
 (b) a person has applied at a later time to receive the allowance; and
 (c) if the student had not died and had made a claim for the allowance at the later time, the claim would have been a proper claim.

 (3) If one or more people apply to receive the allowance, the Secretary may pay the allowance to the applicant who, in the Secretary's opinion, is best entitled to it.

 (4) However, an application to receive the allowance is to be made:
 (a) within 6 months after the student died; or
 (b) within a longer period allowed by the Secretary in special circumstances.

 (5) If the Secretary pays an amount of fares allowance under subsection (3), the Commonwealth has no liability to anyone else for the amount.

Division 5—Protection of fares allowance