Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_20:p1
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 20 (pt 1/3)
Character Range: 15228–17911

20  Transitional arrangements—effective use test

(1) If:
 (a) a person is receiving a social security payment immediately before 1 January 2007; and
 (b) the person notifies the Secretary during the notification period of circumstances relevant to the determination by the Secretary under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and
 (c) the Secretary makes a determination under that paragraph that the person is making effective use of the land (the effective use determination); and
 (d) the rate at which the payment is payable to the person increases as a result of the effective use determination; and
 (e) a determination is made under section 78 of the Social Security (Administration) Act 1999 increasing the rate at which the payment is to be paid to the person because of the effective use determination;
the determination under section 78 of that Act takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day.

(2) If:
 (a) a person is not receiving a social security payment immediately before 1 January 2007; and
 (b) the person makes a claim for a social security payment during the notification period; and
 (c) the person notifies the Secretary (whether in the claim or otherwise) during the notification period of circumstances relevant to the determination by the Secretary under paragraph 11A(6)(b) of the Social Security Act 1991, inserted by item 6 of this Schedule, of whether the person is making effective use of land adjacent to the dwelling‑house in which the person lives; and
 (d) the Secretary makes a determination under that paragraph that the person is making effective use of the land (the effective use determination);
then:
 (e) the effective use determination takes effect on 1 January 2007 or, if a later day is specified in the determination, that later day; and
 (f) the person's start day in relation to the social security payment is the earlier of:
 (i) the day on which the effective use determination takes effect; and
 (ii) the day worked out in accordance with Schedule 2 to the Social Security (Administration) Act 1999 as the start day in relation to the payment.

(3) If:
 (a) a person is not receiving a social security payment immediately before 1 January 2007; and
 (b) the person makes a claim for a social security payment during the notification period; and
 (c) on the day on which the claim is made:
 (i) the person is not qualified for the payment; or
 (ii) the payment is not payable to the person; and
 (d) the person