8.1.1.10 General Claim Requirements

Requirements of the SS(Admin)Act

The SS(Admin)Act:

requires that any person wanting to receive a social security payment (section 23(1)-'social security payment') or a concession card must make a claim, and
sets out how the claim must be made.

The Act gives the Secretaries to the Departments of FaHCSIA and DEEWR, in relation to the payments for which they are responsible, the authority to:

prescribe the way in which a claim may be made (other than the ways already set out in the Act),
approve claim forms and define what constitutes lodging a claim for the purpose of the Act, and
Explanation: This is usually done by the Secretary's delegate.
approve new ways in which a claim may be made.

Examples:
- internet claims via 'Centrelink's Online Claim' for YA and Austudy,
- a Centrelink officer completing a 'Customer Account Start Up' for YA, YA (job seeker), and Austudy (new apprentice), PPP, PPS or NSA for a claimant either in person or over the phone, provided that the information, and the intention to claim, is recorded electronically within Centrelink's secure online claim database and/or Income Support Integrated System, and
- oral claims for a LIC HCC for YA, ABSTUDY or Austudy recipients who have satisfied the 8 week continuity rule.

Act reference: SS(Admin)Act section 16 How to make a claim

SSAct section 23(1)-'social security payment'

Determining when payment is received

A key outcome of the claims process is determining the date from which a claimant who claims and is qualified for a social security payment begins to receive it. The following table explains the 5 concepts used in the SS(Admin)Act to determine when payment is to be received.

Concept	Explanation
Date of contact	The date on which a claimant contacts Centrelink about a claim for a payment.
Date of lodgement	The date on which a claim is given to Centrelink.
Date of qualification	The first date on which a claimant is qualified for a payment under the qualification rules in the SSAct.
Date a claim is made, or taken to be made	The date established under rules set out in the SS(Admin)Act, which is generally the date of lodgement but may be the date of contact or the date of qualification.
Start day for the claim	- The day from which the claimant is paid. - This is another date established under rules set out in the SS(Admin)Act, which is generally the date the claim is made or taken to be made but which may be date of qualification or the first day after the end of an exclusion period.

Act reference: SS(Admin)Act section 11 General rule, section 36 Obligation of Secretary to determine claim, Schedule 2 Rules for working out start day

Circumstances in which a claim is not necessary

The SS(Admin)Act sets out the circumstances where:

a written claim is NOT required, or
the date of lodgement of the written claim is NOT the date the claim is taken to be made.

No claim is necessary when:

a delegate transfers a person receiving an income support payment (section 23(1)-'income support payment') to another income support payment for which the person is also qualified, or
the claim is an automatic transfer by computer.

Act reference: SS(Admin)Act section 12 Deemed claim in certain cases, section 84 Automatic transfer by computer

SSAct section 23(1)-'income support payment'

Deemed claims

The date of lodgement of the written claim is NOT the date the claim is taken to be made in the following circumstances:

if a claimant who is qualified for a payment or a concession card contacts Centrelink, the date of the contact is the date the claim is taken to have been made provided the person lodges a claim within 14 days, or within 13 weeks if there is a medical condition which had a significant adverse effect on the person's ability to lodge the claim sooner.
Explanation: This is a deemed claim.
if a claimant claims a social security payment, other than a supplementary payment (1.1.S.427), for which they are not qualified and later claims another payment for which they are qualified, the second payment can in certain circumstances be taken to have been claimed on the date of the first (incorrect) claim.
Explanation: The original claim is referred to as an incorrect claim.
if a claimant claims for a pension, allowance or benefit other than a social security benefit or entitlement, but which is similar to a social security payment (the initial claim), and at that time the claimant was qualified for a social security payment, other than a supplementary payment, and the Secretary is satisfied that it is reasonable to do so, the claimant is taken to have made the later claim on the day the initial claim was made.
if a claimant claims and is qualified for an income support payment and on the day the claimant claims is qualified for another income support payment, and the Secretary is satisfied that it is reasonable to do so, the second payment can be taken to have been claimed on the date the first claim was claimed.
Explanation: The original claim is referred to as an inappropriate claim.

if a claimant claims a supplementary payment, but on that day the claimant is qualified for another supplementary payment which the claimant claims later, and the Secretary is satisfied that it is reasonable to do so, the second supplementary payment can be taken to have been claimed on the day the first claim was made.

Act reference: SS(Admin)Act section 12 Deemed claim in certain cases, section 13 Deemed claim-person contacting Department about a claim for a social security payment, section 14 Deemed claim-person contacting Department about a claim for a concession card, section 15 Deemed claim-incorrect or inappropriate claims

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Last reviewed: 13 May 2013

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