Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:3_124:p2
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 3 cl 124 (pt 2/3)
Character Range: 151158–153688

continues to be qualified for child disability allowance for that period on and after 1 July 1999 as if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made.

Effect of overseas absence before 1 July 1999

 (6) If:
 (a) immediately before 1 July 1999, child disability allowance was payable to a person for a CDA child or for 2 dependent children in circumstances where the person or the child or children were absent from Australia; and
 (b) that absence from Australia continues on and after 1 July 1999; and
 (c) before the end of the period of 26 weeks beginning on 1 July 1999, the period of that absence from Australia exceeds 3 years; and
 (d) immediately before the end of those 3 years, carer allowance is payable to the person for the child or children;
carer allowance ceases to be payable to the person for the child or children at the end of those 3 years.

Domiciliary nursing care benefit payable to a person immediately before 1 July 1999

 (7) If domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient, then, on and after that day:
 (a) carer allowance is payable to the person for the patient; and
 (b) Part 2.19 of this Act applies to the person;
as if he or she had made a claim for carer allowance under Part 2.19 of this Act and the claim had been granted.

Pending claims for domiciliary nursing care benefit—application to Secretary to the Health Department

 (8) If:
 (a) before 1 July 1999, a person made an application under Part VB of the National Health Act 1953 for approval as an approved person for the purposes of that Part in relation to a patient; and
 (b) the Secretary to the Health Department had not dealt with the application before that day; and
 (c) the Secretary to the Health Department later refuses the application;
the application has effect on and after 1 July 1999 as if it were a claim for carer allowance lodged under this Act.

Pending claims for domiciliary nursing care benefit—review by Health Minister

 (9) If:
 (a) before 1 July 1999, a person made a request to the Health Minister under section 58F of the National Health Act 1953 for a review of a decision of the Secretary to the Health Department refusing the person's application for approval as an approved person for the purposes of Part VB of that Act; and
 (b) the Health Minister had not dealt with the request