Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p32
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 80840–83474

(b) on one occasion only within the period of 3 years before that time an automatic deferment provision applied to the person;

the deferment period is 6 weeks.

Note: For 'automatic deferment provision' see section 23.

  "(4) If:

  (a) subsection (1) applies to the person at a particular time; and

     (b) an automatic deferment provision or provisions applied to the person on 2 or more occasions within the period of 3 years before that time;

the deferment period is 6 weeks plus 6 weeks for each occasion referred to in paragraph (b) after the first.

Note: For 'automatic deferment provision' see section 23.

"(5) The Secretary may determine in writing the day on which the deferment period commences and that day may be before the day of the determination.

"Division 2—Claim for partner allowance

Need for a claim

"771IA.(1) A person who wants to be granted a partner allowance must make a proper claim for that allowance.

    Note: For 'proper claim' see section 771IB (form), section 771IC (manner of lodgment) and section 771ID (residence/presence in Australia).

  "(2) For the purposes of subsection (1), if:

  (a) a claim for partner allowance is made by or on behalf of a person; and

     (b) at the time the claim is made, the claim cannot be granted because the person is not qualified for partner allowance;

the claim is taken to have not been made.

Form of claim

"771IB. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

Lodgment of claim

  "771IC.(1) To be a proper claim, a claim must be lodged:

  (a) at an office of the Department; or

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

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

"(2) A place or person approved under subsection (1) must be a place or person in Australia.

Claimant must be Australian resident and in Australia

  "771ID. A claim by a person is not a proper claim unless the person is:

  (a) an Australian resident; and

  (b) in Australia;

on the day on which the claim is lodged.

Note: For 'Australian resident' see subsection 7(2).

Claim may be withdrawn

"771IE.(1) A claimant for partner allowance or a person on behalf of a claimant may withdraw a claim that has not been determined.

  "(2) A claim that is withdrawn is taken to have not been made.

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

Secretary may require claimant to give statement of claimant's tax file number

"771IF. The Secretary may require a claimant for partner allowance to give the Secretary a written statement of the claimant's