Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 39

"Normal circumstances" entitlement must not already have been determined, or be awaiting determination, on a previous claim

  (1)   A claim for payment of a stillborn baby payment in normal circumstances is not effective if the claimant has previously made such a claim based on the same circumstances (whether or not the claim has yet been determined).

Timing of "normal circumstances" stillborn baby payment claim

  (2)   Subject to subsections   (3), (3A) and (4), a claim for payment of a stillborn baby payment in normal circumstances is not effective unless it is made before the end of the period of 52 weeks beginning on the day of the birth of the stillborn child.

  (3)   If the Secretary is satisfied that the claimant was unable to make a claim for payment of a stillborn baby payment in normal circumstances because of severe illness associated with the birth of the stillborn child, the Secretary may extend the period of 52 weeks mentioned in subsection   (2) to such longer period as the Secretary considers appropriate.

  (3A)   If:

  (a)   in relation to any day during the period of 52 weeks mentioned in subsection   (2), paragraphs 36(2)(a) and (b) of the Family Assistance Act apply in relation to the claimant or the claimant's partner; and

  (b)   after the end of, or during the last 13 weeks of, that 52 - week period, the Secretary gives the claimant, or the claimant's partner, a notice specifying that the claimant's or the claimant's partner's rate of family tax benefit consists of or includes a Part A rate greater than nil;

subsection   (2) of this section does not apply if the claim for payment of a stillborn baby payment is made within the period of 13 weeks after the day on which the notice is given.

  (4)   If:

  (a)   the claimant, or the claimant's partner, made a claim in accordance with Part   2 - 4 of the Paid Parental Leave Act 2010 for parental leave pay for the child to whom the claim for payment of a stillborn baby payment relates; and

  (b)   the claimant, or the claimant's partner, is given a notice under section   24 of that Act in relation to the claim for parental leave pay that states that parental leave pay is not payable and no determination of the kind mentioned in paragraph   13(6)(b) or 14(4)(b) of that Act has been made; and

  (c)   the notice is given:

  (i)   after the end of the period of 52 weeks mentioned in subsection   (2) of this section; or

  (ii)   during the last 13 weeks of that period of 52 weeks;

subsection   (2) of this section does not apply if the claim for payment of a stillborn baby payment is made within the period of 13 weeks after the day on which the notice is given.

"Bereavement" entitlement must not already have been determined, or be awaiting determination, on a previous claim

  (5)   A claim for payment of a stillborn baby payment because of the death of another individual is not effective if the claimant has previously made such a claim because of the death of that individual (whether or not the claim has yet been determined).