Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:5_9
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 5 cl 9
Character Range: 450396–452574

9  Claims for family benefit that are undetermined as at 1 July 2000

(1) If:
 (a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and
 (b) that claim was not determined before that date; and
 (c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
the claim is to be determined under the social security law as in force before 1 July 2000, as if:
 (d) the social security law as so in force had continued in force; and
 (e) the claim related only to the period preceding 1 July 2000.

(2) If:
 (a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and
 (b) the claim was not determined by that date; and
 (c) the person does not become qualified for the relevant family benefit before 1 July 2000;
the claim is to be taken to have lapsed on that date.

(3) If:
 (a) before 1 July 2000, a person has lodged a claim for parenting payment; and
 (b) the claim has not been determined before that date; and
 (c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
then:
 (d) the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and
 (e) if parenting payment would be paid under the law as so in force at the rate applicable for non‑benefit PP (partnered)—the claim is to be determined as if it related only to the period preceding 1 July 2000.

(4) If:
 (a) before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and
 (b) the claim was not determined by that date; and
 (c) the person does not become qualified for parenting payment before 1 July 2000; and
 (d) if the person were to become qualified for parenting payment on or after that date—it would be parenting payment in the nature of non‑benefit PP (partnered) and not some other form of parenting payment;
the claim is to be taken to have lapsed on that date.