Document ID: chunk:federal_register_of_legislation:C2009A00045:clause:1_142
Version: federal_register_of_legislation:C2009A00045
Segment Type: clause
Provision Reference: sch 1 cl 142
Character Range: 37973–39647

142  Person whose special benefit was cancelled on or after 1 July 2008 and before 1 July 2010

Circumstances in which clause applies
 (1) This clause applies if:
 (a) a person received or receives special benefit on or after 1 July 2008; and
 (b) while the person received or receives special benefit, the person was or is taken to satisfy the activity test under subsection 731J(1) of this Act because the person was or is caring for a child or children referred to in paragraph 198(2)(b) or (c) of this Act (whether or not because of clause 143); and
 (c) the special benefit was cancelled:
 (i) with effect before the commencement of this clause; or
 (ii) with effect on or after that commencement and before 1 July 2010; and
 (d) on or after 1 July 2009 and before 1 July 2010, the carer makes a claim for special benefit; and
 (e) the person is caring for the same child or children aged under 16.

Claim may be assessed as if paragraphs 198(2)(b) and (c) had not been repealed
 (2) In addition to being assessed against this Act as in force after the commencement of this clause, the person's claim may be assessed as if paragraphs 198(2)(b) and (c) of this Act had not been repealed.
Note: The effect of subclause (2) is that the person may be taken to satisfy the activity test under section 731HA, 731HB or 731J of this Act because the person is caring for the child or children.
 (3) Subject to clause 143, if, because of subclause (2), the person is taken to satisfy the activity test under section 731J of this Act because the person is caring for the child or children, this Act (as in force immediately before 1 July 2009) applies in relation to the person.