Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p6
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 13420–16193

the person becomes qualified again for the payment (either under subsection 1218C(1) or by any other means); and

    (b) the payment ceases to be payable to the person from the time the person ceased to be qualified until the time the person becomes qualified for the payment again.

SCHEDULE 1—continued

Continuation of qualification in circumstances beyond control of payment recipient

Secretary's specification of continuing qualification

"1218A.(1) A person is taken not to cease being qualified, or not to have ceased to have been qualified, for a social security payment as a result of subsection 1218(2) for a period of not more than 18 months specified in writing by the Secretary.

When Secretary may specify period of continuing qualification

"(2) The Secretary may specify in writing a period in relation to a person for the purposes of subsection (1) if the Secretary:

(a) becomes aware of the person's departure less than 2 years after it occurred; and

    (b) considers that there are circumstances that were not within the person's control that justify the person continuing, or being taken to have continued, to be qualified during the specified period.

Continuation of qualification after end of period specified by Secretary

"(3) Subsection 1218(2) is taken never to have applied in relation to the person's departure if the Secretary is satisfied that the person was qualified for a social security payment continuously from the day of the person's departure until immediately before the end of the period specified by the Secretary in relation to the person.

Example 1:

Facts:

Joe receives age pension. He leaves Australia on 1 January 1996 without a departure certificate, intending to spend 2 months outside Australia. While outside Australia, he suffers a serious illness that prevents him from communicating with people in Australia and from returning to Australia. The Secretary finds out about Joe's departure on 1 May 1996 and sends a recipient statement notice to Joe's last known address in Australia. The notice is not returned and Joe's age pension is cancelled with effect from 1 July 1996. Joe returns to Australia on 28 January 1997. The Secretary finds out about Joe's illness on 1 February 1997, considers that Joe's illness is a circumstance beyond Joe's control and specifies that Joe should be taken not to have ceased to have been qualified for age pension for the period from 1 July 1996 until 28 January 1997 (inclusive).

Application:

Joe is qualified for age pension from 1 January 1996 until 28 January 1997 (inclusive), despite the fact that he was outside Australia and despite the cancellation of his pension with effect from 1 July 1996. (He continues to qualify for age pension once he is back in Australia on