Document ID: chunk:federal_register_of_legislation:C2021C00522:clause:21_37:p1
Version: federal_register_of_legislation:C2021C00522
Segment Type: clause
Provision Reference: sch 21 cl 37 (pt 1/2)
Character Range: 250930–253454

37  At the end of section 1061U
Add:

Exceptions
 (2) Subject to subsections (4), (6) and (8), subsection (1) applies to a person on or after the commencement of this subsection only if on 19 September 2016:
 (a) energy supplement was payable to the person under section 1061UA; or
 (b) energy supplement was payable to the person under section 118PA of the Veterans' Entitlements Act.
Note: For subsection (1) to apply to the person on a day on or after that commencement, the person needs to be the holder of a seniors health card on that day.
 (3) Subject to subsection (8), if:
 (a) energy supplement was payable to a person under section 1061UA, or under section 118PA of the Veterans' Entitlements Act, on 19 September 2016; and
 (b) energy supplement ceases to be payable to the person under either of those sections on or after 20 September 2016;
then subsection (1) of this section does not apply, and never again applies, to the person from:
 (c) if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or
 (d) if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.
 (4) If:
 (a) a person was not qualified for energy supplement under subsection (1) on 19 September 2016; and
 (b) on 19 September 2016 the person was receiving an income support payment where energy supplement was used to work out the rate of that payment; and
 (c) on a day (the cessation day) on or after the commencement of this subsection the person ceases to be in receipt of any income support payment; and
 (d) on the day before the cessation day the person was receiving an income support payment where energy supplement was used to work out the rate of that payment; and
 (e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person;
the person can become qualified for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.
 (5) Subject to subsection (8), if:
 (a) as a result of a claim mentioned in subsection (4), a seniors health card is issued to a person on a day; and
 (b) energy supplement ceases to be payable to the person under section 1061UA on or after that day;
then subsection (1) of this section does not apply, and never again applies, to the person from the start of the day of that cessation.
 (6) If:
 (a) a person was not qualified