Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_962
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 962
Character Range: 85952–87800

962  Backdating—claim for a disabled adult

Claim within 6 months of becoming qualified

 (1) If:
 (a) a person is qualified for carer allowance for a care receiver who is a disabled adult in circumstances where the disability from which the adult is suffering was due to an acute onset; and
 (b) the person's provisional commencement day is within 6 months after the day on which the person became qualified for carer allowance in the circumstances mentioned in paragraph (a);
the allowance can become payable before the provisional commencement day but cannot become payable to the person before the first day on which the person became qualified for carer allowance in the circumstances mentioned in paragraph (a).

Note 1: For provisional commencement day see section 960.

Note 2: The carer allowance will not necessarily be backdated to the day on which the person becomes qualified—some other factor may make the allowance not payable at the time.

Claim after 6 months of becoming qualified

 (2) If:
 (a) a person is qualified for carer allowance for a care receiver who is a disabled adult in circumstances where the disability from which the adult is suffering was due to an acute onset; and
 (b) the person's provisional commencement day is more than 6 months after the day on which the person became qualified for carer allowance in the circumstances mentioned in paragraph (a);
the allowance can become payable before the provisional commencement day, but cannot become payable before the day occurring 6 months before the person's provisional commencement day.

Note 1: For provisional commencement day see section 960.

Note 2: The carer allowance will not necessarily be backdated to the day occurring 6 months before the person's provisional commencement day—some other factor may make the allowance not payable at that time.