Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p31
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 78231–81089

is receiving payments under a LEAP program for that period.

Note: For "LEAP program" see subsection 23(1).

Commencement of partner allowance

"771HM. A partner allowance is not payable to a person before the person's provisional commencement day.

Note: For 'provisional commencement day' see section 771HN.

Provisional commencement day

General rule

"771HN.(1) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims a partner allowance.

Initial incorrect or inappropriate claim followed by claim for partner allowance

  "(2) If:

  (a) the person makes a claim (the 'initial claim') for:

      (i) a social security or service pension or a social security benefit; or

        (ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to a partner allowance; and

     (b) on the day on which the person makes the initial claim, the person is qualified for partner allowance; and

  (c) the person subsequently makes a claim for partner allowance; and

     (d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;

the person's provisional commencement day is the day on which the person made the initial claim.

Transferees

  "(3) If:

  (a) a person is a transferee to partner allowance; and

     (b) the person claims the partner allowance within 14 days after the transfer day;

the person's provisional commencement day is the person's transfer day.

Note: For 'transferee' and 'transfer day' see subsections 23(6) and (7).

Backdating of claim

  "(4) If:

  (a) a person makes a claim for partner allowance; and

     (b) on the day (the 'claim day') on which the person makes the claim, the person is qualified for partner allowance; and

     (c) the person was qualified for partner allowance on a day during the 14 day period that ends on the day immediately before the claim day;

the person's provisional commencement day is the first day in that period that the person was qualified for partner allowance.

Removal from allowance for failure to comply with notification requirements

"771HO.(1) If a person refuses or fails, without sufficient reason, to comply with a requirement made of the person under section 771MA, 771MB, 771MC, 771MD or 1304, a partner allowance is not payable to the person for the deferment period.

  "(2) Subject to subsections (3) and (4), the deferment period is 2 weeks.

  "(3) If:

  (a) subsection (1) applies to a person at a particular time; and

     (b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;

the deferment period is 6 weeks.

Note: For 'automatic deferment provision' see section 23.

  "(4) If:

  (a) subsection