Document ID: chunk:federal_register_of_legislation:C2004A04077:section:5:p2
Version: federal_register_of_legislation:C2004A04077
Segment Type: section
Provision Reference: s 5 (pt 2/5)
Character Range: 31216–33860

allowance under this section may be made:

   (a) by the person eligible to be granted the allowance; or

     (b) with the approval of that person or of the Commission under subsection (9), by another person on behalf of that person.

"(9) Where a person eligible to be granted an allowance under this section is unable, because of physical or mental ailment, to approve a person to make an application for that allowance on his or her behalf, the Commission may approve a person to make the application on his or her behalf.

"(10) Where an application for an allowance under this section is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, is to be treated as the applicant.

  "(11) For the purposes of this section, where:

     (a) a person makes a written application for an allowance under this section, but otherwise than in accordance with a form approved for the purposes of subsection (7); and

     (b) the person subsequently makes an application for the allowance in accordance with a form so approved:

         (i) at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or

(ii) within 3 months after the person had been so notified; the Commission may treat the application referred to in paragraph (b) as having been received at an address of the Department in Australia on the date on which the application referred to in paragraph (a) was so received.

"(12) An allowance under this section payable to an Australian mariner because the mariner is suffering incapacity from a war injury is payable:

     (a) if application for the allowance is made within 3 months after the date on which the determination was made under this Act determining that the injury was a war injury—as from the date on which that determination was made; or

     (b) in any other case—as from the first pension payday after the date on which the mariner's application for the allowance in respect of that war injury is received at an address of the Department in Australia.

"(13) Where the Commission makes a decision with respect to an application for an allowance under this section, section 8a applies to the decision in the same way that it applies to a decision relating to a prescribed matter within the meaning of that section.".

(2) A person who has applied for a clothing allowance under the Seamen's War Pensions and Allowances Regulations made under the Principal Act but whose application