Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p57
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 146378–149066

must make a proper application for the advance payment.

Who can apply

"63.(1) Subject to subsection (2), the application must be made by:

    (a) a person who wants to receive the advance payment; or

    (b) with the approval of the person—another person on the first-mentioned person's behalf.

"(2) If the person is unable, because of physical or mental incapacity, to approve another person to make the application on his or her behalf, the Commission may approve another person to make the application.

Form of application

"64. To be a proper application, the application must:

(a) be made in writing; and

(b) be in accordance with a form approved by the Commission.

Lodgment of application

"65.(1) To be a proper application, the application must be lodged:

  (a) at an office of the Department in Australia; or

  (b) at a place approved for this purpose by the Commission; or

  (c) with a person approved for this purpose by the Commission.

  "(2) An application is taken to have been lodged on the day on which it is received:

  (a) at an office of the Department in Australia; or

  (b) at a place approved under subsection (1); or

  (c) by a person approved under subsection (1); as the case may be.

Applicant must be Australian resident and in Australia

"66. An application is not a proper application unless the person making the application, or on whose behalf the application is being made, is:

(a) an Australian resident; and

(b) in Australia;

on the day on which the application is lodged.

Note: For Australian resident see section 5G.

SCHEDULE 7—continued

Application may be withdrawn

"67.(1) An applicant or a person on behalf of an applicant may withdraw an application that has not been determined.

"(2) An application that is withdrawn is taken to have not been made.

"(3) A withdrawal may be made orally or in writing.

"Division 4—Determination of application and payment of advance payment

Commission to determine application

"67A.(1) The Commission must determine the application in accordance with this Act.

"(2) The Commission must grant the application if it is satisfied that the person is eligible for the advance payment.

Payment of advance payment

"67B.(1) Subject to subsection (3), if the application is granted, the advance payment of the pension is to be paid on the next day on which:

  (a) the person is paid an instalment of the pension; and

  (b) it is practicable to pay the advance payment.

"(2) The advance payment is to be paid as a lump sum.

"(3) The Commission may determine that an advance payment is to be paid on a day stated in the determination.

"(4) An advance payment of a pension is not payable if