Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p59
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 149644–152450

not fully repaid the advance payment; or

    (c) the person owes a debt to the Commonwealth under Part 5.2.

"Division 2—Applying for advance payment

Application

"1061B. A person who wants an advance payment of a social security entitlement under this Part must apply for the advance payment in accordance with this Division.

Form of application

"1061C.(1) The application must be in writing and must be in accordance with a form approved by the Secretary.

"(2) The application must specify:

    (a) the amount of advance payment sought; and

    (b) why the person wants the advance payment.

Lodgment of application

"1061D.(1) The application 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.

"(3) The applicant must be in Australia when the application is lodged.

Application may be withdrawn

"1061E.(1) An applicant for an advance payment or a person acting on behalf of an applicant may withdraw an application that has not been determined.

SCHEDULE 12—continued

"(2) An application that is withdrawn is taken not to have been made.

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

"Division 3—Determination of application and payment of advance payment

Secretary to determine application

"1061EA.(1) The Secretary must determine the application in accordance with this Act.

"(2) The Secretary must grant the application if the Secretary is satisfied that the person is qualified for the advance payment.

Payment of advance payment

"1061EB.(1) Subject to subsection (3), if the application is granted, the advance payment of the social security entitlement is to be paid on the next day on which the person is paid an instalment of the social security entitlement.

"(2) Subject to subsection (3), the advance payment is to be paid as a single lump sum.

"(3) The Secretary may determine that:

    (a) an advance payment is to be paid on the day specified in the determination; or

    (b) an advance payment is to be paid in the instalments specified in the determination on the days specified in the determination.

Use of advance payment of job search allowance or newstart allowance

"1061EC. An advance payment of job search allowance or of newstart allowance is to be paid on condition that it, or other money of the person, is spent as specified in the application for the advance payment.

"Division 4—Amount of advance payment

Amount of advance payment—social security pensions

Application

"1061ED.(1) The amount of an advance payment of a social security pension is calculated according to this section.

Amount of advance

"(2)