Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:3_124:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 3 cl 124 (pt 1/3)
Character Range: 148828–151386

124  Carer allowance (changes introduced on 1 July 1999)

Continuing effect of determinations etc. effective before 1 July 1999

 (1) If a determination, notice, statement or other instrument made or given under this Act in relation to child disability allowance had effect immediately before 1 July 1999 (whether made or given before, on or after that day), it continues to have effect on and after that day as if it had been made or given under this Act in relation to carer allowance.

Note: A determination that carer allowance is payable to a person ceases to have effect if the Secretary becomes satisfied that the allowance is no longer payable and determines that the allowance is to be cancelled or suspended: see sections 992C and 992D.

Pending claims for child disability allowance

 (2) If:
 (a) a person lodged a claim for child disability allowance under this Act before 1 July 1999 (including because of subclause (3) or (4)); and
 (b) the claim was not determined before that day; and
 (c) the Secretary later determines that the claim is not to be granted;
the claim has effect on and after 1 July 1999 as if it were a claim for carer allowance made under this Act.

Claims made on or after 1 July 1999 for child disability allowance

 (3) If a person lodges a claim for child disability allowance on or after 1 July 1999, the claim has effect as if it had been made immediately before 1 July 1999.

Claims made on or after 1 July 1999 in respect of qualification before 1 July 1999—carer allowance

 (4) If:
 (a) a person lodges a claim for carer allowance in respect of a disabled child or 2 disabled children on or after 1 July 1999; and
 (b) if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made, the claim could have been made in respect of qualification for child disability allowance for a period before 1 July 1999;
the claim has effect:
 (c) as if it had been made immediately before 1 July 1999; and
 (d) as if it were a claim for child disability allowance.

Child disability allowance bereavement payment in respect of death of child

 (5) If, immediately before 1 July 1999, a person was qualified for child disability allowance for a period under section 991 or 992AA of this Act as in force immediately before that day, the person continues to be qualified for child disability allowance for that period on and after 1 July 1999 as if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made.

Effect of