Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:2_4
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 899909–901891

4  Start day—early claim
 (1) If:
 (a) a person (other than a detained person) makes a claim for a relevant social security payment; and
 (b) the person is not, on the day on which the claim is made, qualified for the payment; and
 (c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and
 (d) the person becomes so qualified within that period;
the claim is taken to be made on the first day on which the person is qualified for the social security payment.
 (2) For the purposes of subclause (1), the following provisions have effect:
 (a) subject to paragraph (b), any social security payment, other than special benefit, is a relevant social security payment;
 (b) parenting payment is not a relevant social security payment in the case of a person who becomes qualified for the payment because of the birth of a child.
 (3) If:
 (a) a detained person makes a claim for a social security payment; and
 (b) the person is not, on the day on which the claim is made, qualified for the payment; and
 (c) the person becomes qualified for the payment within 3 weeks after the claim is made;
the claim is taken to be made on the first day on which the person is qualified for the payment.
 (4) Subclause (3) does not have effect in relation to a claim for a crisis payment or for a social security pension or benefit.
 (6) If:
 (a) a person makes a claim for a jobseeker payment or youth allowance; and
 (b) when the claim is made, the person is serving a liquid assets test waiting period;
the claim is taken to be made on the first day on which the person is qualified for a jobseeker payment or youth allowance, as the case may be.
 (7) In this clause:
detained person means a person who:
 (a) is in gaol; or
 (b) is undergoing psychiatric confinement because the person has been charged with an offence.