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FAMILY AND COMMUNITY SERVICES LEGISLATION AMENDMENT (AUSTRALIANS WORKING TOGETHER AND OTHER 2001 BUDGET MEASURES) ACT 2003 - SCHEDULE 4

Closure of access to mature age allowance and partner allowance

Part   1 -- Closure of access to mature age allowance

Social Security Act 1991

1   Division   1 of Part   2.12B (heading)

Repeal the heading, substitute:

Division   1 -- Application of Part

2   After section   660YAA

Insert:

660YAB   Time limits on claims for mature age allowance

  (1)   In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a mature age allowance under this Part unless:

  (a)   the person's claim for the allowance:

  (i)   was lodged before 1   July 2003 ; or

  (ii)   is taken, because of the operation of section   12, 13 or 15 of the Administration Act, to have been made before 1   July 2003 ; and

  (b)   the person was qualified for the allowance:

  (i)   in a case to which subparagraph   (a)(i) applies--on the date of lodgment of the claim; and

  (ii)   in a case to which subparagraph   (a)(ii) applies--on the date the person is taken to have made the claim.

  (2)   Subsection   (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 1   July 2003 will be granted a mature age allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 1   July 2003 or a later date.

  (3)   Nothing in this section affects the operation of section   85 of the Administration Act.


Part   2 -- Closure of access to partner allowance

Social Security Act 1991

3   Before Division   1 of Part   2.15A

Insert:

Division   1A -- Application of Part

771   Time limits on claims for partner allowance

  (1)   In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:

  (a)   the person's claim for the allowance:

  (i)   was lodged before 1   July 2003 ; or

  (ii)   is taken, because of the operation of section   12, 13 or 15 of the Administration Act, to have been made before 1   July 2003 ; and

  (b)   the person was qualified for the allowance:

  (i)   in a case to which subparagraph   (a)(i) applies--on the date of lodgment of the claim; and

  (ii)   in a case to which subparagraph   (a)(ii) applies--on the date the person is taken to have made the claim.

  (2)   Subsection   (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 1   July 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 1   July 2003 or a later date.

  (3)   Nothing in this section affects the operation of section   85 of the Administration Act.




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