Section 15A — Social Security (Administration) Act 1999: Deemed claim—certain claims for carer allowance

Claim for carer payment rejected (1) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and (b) the Secretary makes a determination rejecting the claim; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment. Carer payment suspended or cancelled (2) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and (b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.