Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_20:p2
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 20 (pt 2/3)
Character Range: 17694–20287

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 was qualified for the payment, and the payment was payable to the person, during a period (the claim period) that fell before that day and within the notification period; and
 (e) the extended land use test applied to the person under subsection 11A(4) or (5) of the Social Security Act 1991, inserted by item 6 of this Schedule, during all or part of the claim period; and
 (f) the person notifies the Secretary (whether in the claim or otherwise) during the notification period of circumstances that would have been relevant, during all or part of the claim period, to a 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;
then:
 (g) the Secretary may make a determination in relation to the claim period or a specified part of the claim period, that the person was making effective use of the land during the period or that part of the period, and that determination has effect in relation to the period or that part of the period as if it were a determination under paragraph 11A(6)(b) of the Social Security Act 1991; and
 (h) the Secretary may grant the claim; and
 (i) the person's start day in relation to the social security payment is the first day of the claim period or the specified part of the claim period.

(4) The Secretary may determine in writing that a person is to be treated for the purposes of paragraph (1)(b) as if the person notified the Secretary within the notification period of the circumstances mentioned in that paragraph if:
 (a) the person notifies the Secretary of those circumstances between 1 April 2007 and 30 June 2007 (inclusive); and
 (b) the Secretary is satisfied that special circumstances apply in respect of the person.

(5) The Secretary may determine in writing that a person is to be treated:
 (a) for the purposes of paragraph (2)(b) or (3)(b), as if the person had made a claim for a social security payment within the notification period; and
 (b) for the purposes of paragraph (2)(c) or (3)(f), as if the person notified the Secretary within the notification period of the circumstances mentioned in that paragraph;
if:
 (c) the person makes the claim between 1 April 2007 and 30 June 2007 (inclusive); and
 (d) the person notifies the