Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p33
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 83222–86034

withdrawal may be made orally or in writing.

Secretary may require claimant to give statement of claimant's tax file number

"771IF. The Secretary may require a claimant for partner allowance to give the Secretary a written statement of the claimant's tax file number.

Note 1: For the consequences of a failure to comply with the requirement see section 771HD.

    Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration and an authority to the Commissioner of Taxation to give the Secretary certain information relevant to the person's tax file number (see subsections 771HD(2) and (3)).

Secretary may require claimant to give statement of partner's tax file number

"771IG. The Secretary may require a claimant for partner allowance to give the Secretary a written statement of the tax file number of the claimant's partner if the partner is in Australia.

Note 1: For the consequences of a failure to comply with the requirement see section 771HE.

    Note 2: In some cases 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 relevant to the partner's tax file number (see subsections 771HE(2) and (3)).

    Note 3: The Secretary can waive the requirement in some cases (see subsection 771HE(4)).

"Division 3—Determination of claim

Secretary to determine claim

"771JA. The Secretary must, in accordance with this Act, determine the claim.

Grant of claim

"771JB. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:

  (a) the person is qualified for partner allowance; and

  (b) the allowance is payable.

Date of effect of determination

"771JC.(1) Subject to subsections (2), (3) and (4), a determination under section 771JB 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 3 months

  "(2) If:

     (a) a decision (the 'previous decision') is made rejecting a person's claim for partner 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 3 months 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 3 months

  "(3) If:

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