Document ID: chunk:federal_register_of_legislation:F2019L00825:reg:5:p2
Version: federal_register_of_legislation:F2019L00825
Segment Type: reg
Provision Reference: reg 5 (pt 2/2)
Character Range: 3748–5956

of a decision under section 37 of the Act is to contain:

               (a)   the name and address of the person withdrawing the request for review including, if appropriate, the name and address of the person on whose behalf the request is being withdrawn;

               (b)   details of the decision originally sought to be reviewed.

     7  Other procedures

            (1)          A claim, application, request or notice under the Act (in this section referred to as a claim) may be made or given:

               (a)   by the person eligible to be granted the benefit under the Act to which the claim relates; or

               (b)   with the approval of that person or of the Commission, by another person on behalf of that person.

            (2)          If a person eligible to be granted a benefit under the Act is unable, by reason of physical or mental ailment, to approve a person to make a claim for that benefit on his or her behalf, the Commission may approve a person to make the claim on his or her behalf.

            (3)          If a claim for a benefit under the Act is made by a person on behalf of another person, the other person on whose behalf the claim is made, and not the person making the claim on behalf of that other person, is to be treated as the claimant.

            (4)          If:

               (a)   a person makes a claim for a benefit under the Act, but otherwise than in accordance with the appropriate form required by this determination; and

               (b)   the person subsequently makes a claim for the benefit in accordance with the appropriate form:

                  (i)       at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the claim in the appropriate form; or

            (ii)      within 3 months after the person had been so notified;

            the Commission may treat the claim referred to in paragraph (b) as having been received on the date on which the claim referred to in paragraph (a) was received at an office of the Department in Australia or at the electronic address to which the claim was transmitted electronically, as the case requires.