Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p27
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 64761–67329

payable:
    (a) if the person was qualified to receive an allowance on a day (including a day before the commencement of this subsection) before the first day of the family allowance period during which the claim was lodged—from the commencement of the earliest family allowance period, being a family allowance period that commenced within 12 months of the day on which the claim was lodged, during which the person was qualified to receive the allowance; or
    (b) in any other case—from the commencement of the next family allowance period after the day on which the claim was lodged.
"(2) Where an allowance becomes payable to a person in respect of a period before the commencement of this subsection, the rate of the allowance payable in respect of any period before that commencement shall be the rate at which a handicapped child's allowance was payable under this Act at that time.
"(3) For the purposes of paragraph (1) (a), a person to whom a family allowance was not payable on a particular day but to whom a family allowance could have been granted on that day if the person had lodged a claim for a family allowance before that day shall be taken to have satisfied the condition set out in paragraph 102 (a) on that day.

Reduction for periods in institution
"106. Where, on a day in a family allowance period:
    (a) a child in respect of whom an allowance would, apart from this subsection, be payable is an inmate of an institution;

    (b) a benefit is payable in relation to the child under Part Va of the National Health Act 1953 or Part VIII of the Handicapped Persons Assistance Act 1974 in respect of that day because the child is such an inmate; and
    (c) subsection 103 (2) or (3) applies in respect of the child;
an allowance is not payable in respect of the child in respect of that day.

Cessation of allowance
"107. Where a person ceases to be qualified to receive an allowance in respect of a child, the allowance ceases to be payable to the person in respect of the child from the end of the family allowance period in which the person ceased to be so qualified.

Allowance periods
"108. An allowance is payable in respect of the same periods as a family allowance is payable.

Notification
"109. Where a person ceases to be qualified to receive an allowance in respect of a child, the person shall notify the Department accordingly within 14 days of so ceasing.
Penalty: $1,000 or imprisonment for 6 months, or both.".
Commencement: 15 November 1987

37. After section 117 of the Principal Act the following section is inserted in