Document ID: chunk:federal_register_of_legislation:C2008A00143:clause:1_11:p1
Version: federal_register_of_legislation:C2008A00143
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 1/2)
Character Range: 19171–21852

11  Subsections 41(5) and (6)
Repeal the subsections, substitute:

Deferral of "normal circumstances" maternity immunisation allowance determination because of ineligibility

 (5) If:
 (a) the claim is one for payment of maternity immunisation allowance in normal circumstances, based on eligibility for the allowance under subsection 39(2), (2A) or (5) of the Family Assistance Act, or subsection 39(6) of that Act (where subsection 39(7) of that Act applies), in respect of a child; and
 (b) at the time the determination would otherwise be made on the claim:
 (i) the claimant is not eligible for maternity immunisation allowance under subsection 39(2), (2A), (5) or (6) of that Act in respect of the child; and
 (ii) the child is an FTB child of the claimant; and
 (iii) the claimant is eligible for family tax benefit in respect of the child or would be so eligible except that the claimant's rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil;
the Secretary must not determine the claim until after the time mentioned in subsection (6).

 (6) The time for the purposes of subsection (5) is:
 (a) if the claim is based on eligibility for the allowance under subsection 39(2) of the Family Assistance Act:
 (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(2) of that Act in respect of the child before the end of 2 years after the child was born—the time when the claimant becomes so eligible; or
 (ii) in any other case—2 years after the child was born; or
 (b) if the claim is based on eligibility for the allowance under subsection 39(2A) of the Family Assistance Act:
 (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(2A) of that Act in respect of the child before the end of 5 years after the child was born—the time when the claimant becomes so eligible; or
 (ii) in any other case—5 years after the child was born; or
 (c) if the claim is based on eligibility for the allowance under subsection 39(5) of the Family Assistance Act:
 (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(5) of that Act in respect of the child before the end of 4 years after the child was born—the time when the claimant becomes so eligible; or
 (ii) in any other case—4 years after the child was born; or
 (d) if the claim is based on eligibility for the allowance under subsection 39(6) of the Family Assistance Act (where subsection 39(7) of that Act applies):
 (i) if the claimant becomes eligible for maternity immunisation allowance under subsection 39(6) of that Act (where subsection 39(7) of that