Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p16
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 16/32)
Character Range: 78558–81220

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 subsections 7(2) and (3).

Claim may be withdrawn

"1061ZG.(1) A claimant for a seniors health card 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  "(2) A claim that is withdrawn is taken to have not been made.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.

"Division 3—Determination of entitlement

Secretary to determine claim

"1061ZH. The Secretary must, in accordance with this Act, determine the claim.

Entitlement determination

"1061ZI. If the Secretary is satisfied that a claimant is qualified for a seniors health card, the Secretary is to determine that the claimant is entitled to the card.

Date of effect of determination

"1061ZJ.(1) Subject to subsections (2), (3) and (4), a determination under section 1061ZI takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision—review sought within 3 months

  "(2) If:

     (a) a decision (the 'previous decision') is made that a person is not entitled to a seniors health card; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and

     (d) a determination that the person is entitled to a seniors health card is made as a result of the claim for review;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

  "(3) If:

     (a) a decision (the 'previous decision') is made that a person is not entitled to a seniors health card; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and

     (d) a determination that the person is entitled to a seniors health card is made as a result of the claim for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

  "(4) If:

     (a) a decision (the 'previous decision') is made that a person is not entitled to a seniors health card; and

     (b) no notice is given to the person advising the person of the making of the previous decision; and

     (c)