Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:5_12
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 5 cl 12
Character Range: 454708–456870

12  Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person

(1) If:
 (a) an amount of family benefit is payable to a person; and
 (b) the person dies before receiving that amount; and
 (c) another person applies, on or after 1 July 2000, to receive the amount; and
 (d) the application is made:
 (i) within 26 weeks after the first person's death; or
 (ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(2) If:
 (a) an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and
 (b) the person dies before receiving that amount; and
 (c) another person applies, on or after 1 July 2000, to receive the amount; and
 (d) the application is made:
 (i) within 26 weeks after the first person's death; or
 (ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.

(3) If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.

(4) If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.

(5) For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.