Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:2_11
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 911118–912520

11  Incapacitated claimant
 (1) If:
 (a) a person becomes incapacitated for work as a result of a medical condition; and
 (b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and
 (c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;
the person's start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
 (2) If:
 (a) a person becomes incapacitated for work as a result of a medical condition; and
 (b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and
 (c) the Secretary is satisfied that:
 (i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and
 (ii) the medical condition was the sole or principal cause of the person's failure to make the claim within 5 weeks after the day on which the incapacity began;
the person's start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.