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If a person other than a detained person (1.1.D.125) claims a social security payment (section 23(1)-'social security payment') up to 13 weeks before the first day on which they are qualified for the payment, the claim is taken to be made on the day on which they qualify.
This general rule applies to all social security payments EXCEPT for SpB. There are NO early claim provisions for SpB.
Act reference: SS(Admin)Act Schedule 2 clause 4(1) Rules for working out start day
SSAct section 23(1)-'social security payment'
Prior to 26 May 2012, early claims for NSA were only permitted for those transferring from YA or Austudy to NSA.
Under this provision, a person receiving YA or Austudy who claimed NSA up to 4 weeks before the day on which they become qualified for NSA was taken to have made the claim on the day on which they qualified.
From 26 May 2012, the general rule for early claims was extended to NSA. From this date, if a person other than a detained person (1.1.D.125) claims NSA up to 13 weeks before the first day on which they are qualified for the payment, the claim is taken to be made on the day on which they qualify.
A person serving a LAWP who claims NSA or YA is taken to have made the claim on the day AFTER the waiting period has ended.
Act reference: SS(Admin)Act Schedule 2 clause 4(1), Schedule 2 clause 4(6) Rules for working out start day
The general rule does NOT apply to a detained person. A detained person may make an early claim up to 3 weeks before the first day on which they are qualified, for the following payments only:
Persons in gaol or psychiatric confinement may also make claims for payments for which they ARE qualified up to 3 weeks before their release from gaol. These are NOT 'early claims' because an applicant must be qualified when they make the claim.
Act reference: SS(Admin)Act Schedule 2 clause 4(3), Schedule 2 clause 4(7) Rules for working out start day, section 35 Special provisions regarding certain claims by persons in gaol
Policy reference: SS Guide 3.1.4 Imprisonment, Psychiatric Confinement & Prison Release
A person who becomes qualified for PP because of the birth of a child CANNOT make an early claim for any of those payments.
Explanation: Early lodgement of a claim where qualification depends on the birth of a child is undesirable because there is no satisfactory process for finalising such claims.
Example: In making contact with an applicant to finalise a claim, Centrelink risks upsetting parents of children who were stillborn or who died shortly after birth.
Act reference: SS(Admin)Act Schedule 2 clause 4(2) see (b) Rules for working out start day
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Last reviewed: 2 July 2012
