Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:4_424c
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 4 cl 424C
Character Range: 187787–189732

424C  Recipient of compensation for wholly dependent partner of deceased member

Eligibility for days before 1 July 2012

 (1) The Commission may, on a day (the test day) on or after 14 May 2012 and before 1 July 2012, determine that a person is eligible for a clean energy advance for compensation under Division 2 of Part 2 of Chapter 5 if:
 (a) the condition in subsection (3) is met for the test day; and
 (aa) the person is residing in Australia on the test day; and
 (b) the person is in Australia on the test day.

Eligibility for days in period 1 July 2012‑19 March 2013

 (2) The Commission may determine that a person is eligible a for clean energy advance for compensation under Division 2 of Part 2 of Chapter 5 if:
 (a) the condition in subsection (3) is met for a day (the test day) in the period starting on 1 July 2012 and ending on 19 March 2013; and
 (aa) the person is residing in Australia on the test day; and
 (b) the person is in Australia on the test day.
The determination must specify the first day, in the period, for which the condition in subsection (3) is met, the person is residing in Australia and the person is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

Receipt of compensation

 (3) A condition for determination of eligibility is that either or both of the following apply:
 (a) on the test day the person either:
 (i) is receiving weekly compensation under Division 2 of Part 2 of Chapter 5; or
 (ii) would be receiving weekly compensation under that Division apart from paragraph 398(3)(b);
 (b) before the test day the person received lump sum compensation under Division 2 of Part 2 of Chapter 5 and subsection 388(6) has not applied to the person before the test day.

Only one determination of a person's eligibility

 (4) The Commission may make only one determination of a particular person's eligibility under this section.