Section 12 — Social Security (Administration) Act 1999: Deemed claim in certain cases

(1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment) if the person became qualified for the new payment while receiving, or immediately after ceasing to receive, another income support payment (the other payment). When a claim is taken to be made (2) The person is taken to have made the claim for the new payment on the day specified in the Secretary’s determination. That day must not be earlier than: (a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or (b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment. Some eligibility requirements taken to be satisfied etc. (3) If the new payment and the other payment are social security payments, then subsections (4) and (5) apply in relation to the Secretary considering, for the purposes of deciding whether to make the determination, whether the person became qualified for the new payment. (4) The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new payment if: (a) the new requirement is the same as an eligibility requirement (the current requirement) for the other payment; and (b) at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and (c) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement. (5) If an eligibility factor (the new factor) for the new payment is the same as an eligibility factor (the current factor) for the other payment, the Secretary may: (a) treat the new factor as existing in relation to the person, if: (i) at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or (b) treat the new factor as not existing in relation to the person, if: (i) at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and (ii) since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person. Other powers not limited (6) Subsections (3) to (5) do not, by implication, limit any other power of the Secretary to do the following in making a determination under subsection (1): (a) treat a person as having satisfied an eligibility requirement; (b) treat an eligibility factor as existing, or not existing, in relation to a person. Definitions (7) In this section: eligibility factor, for an income support payment, means a fact, matter or circumstance the existence of which in relation to a person is relevant to: (a) whether the person qualifies for the payment; or (b) whether the payment is payable to the person. eligibility requirement, for an income support payment, means a requirement that a person must satisfy: (a) to qualify for the payment; or (b) for the payment to be payable to the person.