Document ID: chunk:federal_register_of_legislation:C2024C00574:clause:2_44
Version: federal_register_of_legislation:C2024C00574
Segment Type: clause
Provision Reference: sch 2 cl 44
Character Range: 49130–50239

44  Transitional: claims made for social security pension or benefit that are not determined before 20 September 2004
If:
 (a) on a day (the claim day) that is before 20 September 2004, a person made a claim for a social security pension or a social security benefit; and
 (b) on the claim day, adjusted disability pension (within the meaning of section 118NA of the Veterans' Entitlements Act 1986 (as amended by this Schedule)) was payable to the person or the person's partner; and
 (c) before 20 September 2004, a determination on the claim had not been made; and
 (d) apart from this item, the claim would be rejected on or after 20 September 2004, but only because the rate of the pension or benefit would be nil; and
 (e) the rate of the pension or benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) of that Act (as amended by this Schedule) were made;
then, despite any provision of the Social Security (Administration) Act 1999, the claim is taken to have been made on 20 September 2004.