Document ID: chunk:federal_register_of_legislation:C2024C00458:section:37:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 37 (pt 1/3)
Character Range: 82612–85284

37  Grant of claim
 (1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that:
 (a) the claimant is qualified for the social security payment; and
 (b) the social security payment is payable.
 (1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that:
 (a) the claimant is qualified, or is expected to be qualified, for the payment; and
 (b) the payment would be payable apart from the application of a compliance penalty period.
 (2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that:
 (a) the claimant is qualified, or is expected to be qualified, for the payment; and
 (b) the payment would be payable apart from:
 (i) the application of a waiting period; or
 (ii) the application of a compliance penalty period; or
 (v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; or
 (vi) the operation of section 615 of the 1991 Act.
 (3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that:
 (a) the person is qualified, or is expected to be qualified, for the payment; and
 (b) the payment would be payable if the person were not subject to a seasonal work preclusion period.
 (4) Subsection (3) applies to the following social security payments:
 (c) jobseeker payment;
 (d) parenting payment;
 (g) youth allowance;
 (ga) special benefit;
 (h) disability support pension;
 (j) carer payment;
 (k) austudy payment.
 (5) If:
 (a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and
 (b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B);
the Secretary may make a determination varying the first‑mentioned determination to give effect to any change in the person's start day.
 (6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that:
 (a) the person is qualified, or is expected to be qualified, for the allowance or payment; and
 (b) the allowance or payment would be payable, apart from:
 (i) the application of a waiting period; or
 (ii) the application of