Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1993 No. 36, 1993 - SECT 57

57. After section 845 of the Principal Act the following section is inserted:
Backdating-grant under prescribed educational scheme

"845A. If:

   (a)  a person (the 'PES recipient') is granted payments under a prescribed
        educational scheme; and

   (b)  the grant is effective as from a particular day (the 'PES start day');
        and

   (c)  because of the grant, family payment is payable to the PES recipient
        or the recipient's partner; and

   (d)  the PES recipient or the recipient's partner lodges a claim for family
        payment:

        (i)    before the recipient is advised of the grant; or

        (ii)   within 28 days after the recipient is advised of the grant; and

   (e)  within 28 days after the PES recipient is advised of the grant, the
        person who is claiming family payment gives the Secretary notice of
        the grant; family payment can become payable before the provisional
        commencement day but cannot become payable before the PES start day.
        Note 1: For 'prescribed educational scheme' see subsection 5(1). Note
        2: For 'provisional commencement day' see section 843. Note 3: The
        family payment will not necessarily be backdated to the PES start
        day-some other factor may make the payment not payable at that time.".