Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p43
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 109749–112429

Security Act; or

    (e) in the case of disability wage supplement—subsection 431(2) or (4) of the Social Security Act.

"Division 2—Claim for income support supplement

Need for a claim

"45I. Subject to section 45N, a person who wants to be granted income support supplement must make a proper claim for that supplement.

Who can claim?

  "45J.(1) Subject to subsection (2), the claim must be made by:

     (a) the person ('claimant') who wants to be granted income support supplement; or

     (b) with the approval of the claimant—another person on the claimant's behalf.

"(2) If the claimant is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.

Form of claim

  "45K. To be a proper claim, the claim must be:

  (a) made in writing; and

  (b) in accordance with a form approved by the Commission; and

     (c) accompanied by any evidence that the person making the claim considers may be relevant to the claim.

Lodgment of claim

  "45L.(1) To be a proper claim, the claim must be lodged:

  (a) at an office of the Department in Australia; or

  (b) at a place approved for this purpose by the Commission; or

  (c) with a person approved for this purpose by the Commission.

  "(2)  A claim is taken to have been lodged on the day it is received:

  (a) at an office of the Department in Australia; or

  (b) at a place approved under subsection (1); or

  (c) by a person approved under subsection (1);

as the case may be.

Claimant must be Australian resident and in Australia

"45M.(1) Subject to subsection (2), a claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:

  (a) an Australian resident; and

  (b) in Australia;

on the day on which the claim is lodged.

Note: For 'Australian resident' see section 5G.

  "(2) Subsection (1) does not apply to a person's claim if the person:

  (a) is outside Australia; and

  (b) is receiving a service pension or a social security pension; and

    (c) would, if that pension were cancelled, be eligible for income support supplement.

   Note: If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (see section 36), the person's eligibility is not affected.

Not necessary to make a claim in certain circumstances

  "45N.(1) This section applies to:

  (a) a war widower or war widow:

        (i) to whom section 45E applies; and

        (ii) who has not made, or is not taken to have made, an election under subsection 45E(2); and

  (b)