Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p23
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 54991–57488

of that allowance period.

Payment of allowance
"76. (1) Subject to this Part, where a claim by a person for an allowance is granted, the allowance shall be paid:
    (a) if the person was entitled to receive an allowance immediately before the claim was lodged—during the period of 6 months commencing on the day on which the claim was lodged; or
    (b) in any other case—during the period of 6 months commencing on the day on which the claim was lodged or during such shorter period commencing on that day as the Secretary decides;

and shall commence to be paid from the first allowance pay day after the day before the day on which the claim was lodged.
"(2) Where:
    (a) a person or the person's spouse ceases, on or after 17 December 1987, to receive periodic payments under a law of the Commonwealth other than compensation payments or under a scheme administered by the Commonwealth that provides for an increase in rate in respect of a child of the person;
    (b) the person lodges a claim for an allowance in respect of that child before the end of 6 weeks after ceasing to receive those payments; and
    (c) the person was qualified to receive an allowance in respect of that child on the day on which those payments ceased;
the claim shall be taken to have been lodged on the day after the day on which those payments ceased.

Cessation of allowance
"77. (1) If a person to whom an allowance is payable in respect of a child ceases to be qualified to receive an allowance in respect of the child, the allowance ceases to be payable to the person in respect of the child in respect of any period after the allowance pay day before the day on which the person so ceased.
"(2) If the total amount of allowances payable to a person is increased under subsection 74 (2) and the person ceases to be a person to whom that subsection applies, the increase ceases to be payable to the person in respect of any period after the allowance pay day before the day on which the person so ceased.

Sharing of allowance between 2 persons
"78. (1) An allowance is not payable to more than one person in respect of the same child except in accordance with this section.
    "(2) If 2 persons are each qualified to receive, and have claimed, an allowance in respect of the same child, the Secretary shall:
    (a) decide that the allowance is payable to one of those persons; or
    (b) decide that the allowance is to be shared between those persons in a manner decided by the Secretary.
"(3) Where