Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p11
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 28326–31086

the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner's tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner's tax file number (see subsections 914(2) and (3)).

Note 3: The Secretary may waive the requirement in some cases (see subsection 914(4)).

"Division 4—Determination of claim

Secretary to determine claim

"922. The Secretary must, in accordance with this Act, determine a claim for home child care allowance.

Grant of claim

"923. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:

  (a) the person is qualified for home child care allowance; and

  (b) the allowance is payable.

Date of effect of determination

"924.(1) Subject to subsections (2) to (7), a determination under section 923 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision—review sought within 13 weeks

  "(2) If:

     (a) a decision (the 'previous decision') is made rejecting a person's claim for home child care allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, within 13 weeks after the notice is given, for review of the previous decision; and

     (d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 13 weeks

  "(3) If:

     (a) a decision (the 'previous decision') is made rejecting the person's claim for home child care allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, more than 13 weeks after the notice is given, for review of the previous decision; and

     (d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

  "(4) If:

     (a) a decision (the 'previous decision') is made rejecting a person's claim for home child care allowance; and

     (b) no notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240 for review of the previous decision; and

     (d) a determination granting the claim is made as a result of the application for review;

the determination takes effect on the day