Document ID: chunk:federal_register_of_legislation:C2025C00162:section:7:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 7 (pt 2/5)
Character Range: 66036–68635

the end of the period of 26 weeks beginning on 26 February 2001;
 (ii) if the Secretary extended the person's portability period for the payment under section 1218C—the end of the extended period.
 (2C) A person who commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001 is a protected SCV holder at a particular time if:
 (a) the time is during the period of 3 years beginning on 26 February 2001; or
 (b) the time is after the end of that period, and either:
 (i) a determination under subsection (2E) is in force in respect of the person; or
 (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
 (2D) A person who, on 26 February 2001:
 (a) was residing in Australia; and
 (b) was temporarily absent from Australia; and
 (c) was not receiving a social security payment;
is a protected SCV holder at a particular time if:
 (d) the time is during the period of 12 months beginning on 26 February 2001; or
 (e) the time is after the end of that period, and either:
 (i) at that time, a determination under subsection (2E) is in force in respect of the person; or
 (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
 (2E) A person who is residing in Australia and is in Australia may apply to the Secretary for a determination under this subsection stating that:
 (a) the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or
 (b) the person commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001.
 (2F) If a person makes an application under subsection (2E), the Secretary must make the determination if:
 (a) the Secretary is satisfied that paragraph (2E)(a) or (2E)(b) applies to the person; and
 (b) the application was made within whichever of the following periods is applicable:
 (i) if paragraph (2E)(a) applies to the person—the period of 12 months beginning on 26 February 2001;
 (ii) if paragraph (2E)(b) applies to the person—the period of 3 years beginning on 26 February 2001.
The Secretary must give a copy of the determination to the person.
 (2G) The Secretary must make a determination under this subsection in respect of a person if the person is a protected SCV holder because of subsection (2B). If the Secretary is required to make such a determination:
 (a) the determination must