Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p3
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 5099–7700

claim for the corresponding pension, benefit or allowance under this Act.

   Note: for the statutory authority for the determination under the 1947 Act see subsection 168 (3) of that Act.

(2) If a determination directing the making of a payment of a pension, benefit or allowance under the 1947 Act is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under this Act directing the making of a payment of the corresponding pension, benefit or allowance under this Act.

   Note: for the statutory authority for the determination under the 1947 Act see subsection 168 (3) of that Act.

(3) If a determination of the rate of a pension, benefit or allowance under the 1947 Act is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under this Act of the rate of the corresponding pension, benefit or allowance under this Act.

   Note: for the statutory authority for the determination under the 1947 Act see subsections 168 (1) and (3) of that Act.

(4) This clause's principal effect is to allow the continued payment of pensions, benefits and allowances granted under the 1947 Act without the need for a new claim by the recipient.

Instruments in force under the 1947 Act on 30 June 1991

4. (1) An instrument that was in force under a provision of the 1947 Act immediately before 1 July 1991 has effect, from 1 July 1991, as if it were an instrument made under the corresponding provision of this Act.

SCHEDULE 1—continued
  (2) Without limiting subclause (1), the instrument may be:
  (a)     a determination; or
  (b)     a direction; or
  (c)     an approval; or
  (d)     a notice; or
  (e)     a declaration; or
  (f)      an authorisation.
  (3) Subclause (1) does not apply to:
  (a)     a determination to which clause 3 applies; or
  (b)     a delegation under section 14 or 231 of the 1947 Act.
(4) If an instrument to which subclause (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 1 July 1991.

Saving of claims for pensions, benefits, allowances etc.
  5. (1) If:
    (a) a person has lodged a claim for a pension, benefit or allowance under the 1947 Act before 1 July 1991; and
  (b) the claim has not been determined before 1 July 1991;
the claim has effect from 1 July 1991 as if it were a claim for a corresponding pension, benefit or allowance under this Act.
  (2) If:
    (a)     a person has lodged a claim