Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:4_424b
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 4 cl 424B
Character Range: 186117–187787

424B  Recipient of Special Rate Disability Pension

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 Special Rate Disability Pension 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 for a clean energy advance for Special Rate Disability Pension 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 Special Rate Disability Pension

 (3) A condition for determination of eligibility is that either:
 (a) the person is receiving Special Rate Disability Pension on the test day; or
 (b) the person would receive Special Rate Disability Pension on the test day apart from section 204 and paragraph 398(3)(b).

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.