I, JEFF HARMER, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, make these Guidelines under subsection 17 (6) of the Social Security (Administration) Act 1999.

Dated  20th December  2007

J Harmer

Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs

1 Name of Guidelines

  These Guidelines are the Social Security (Administration) (Delayed Lodgement of Claims for Pension Bonus) Guidelines 2007.

2 Commencement

  These Guidelines commence on 1 January 2008.

3 Definition

  In these Guidelines:

Act means the Social Security (Administration) Act 1999.

4 Guidelines

 (1) For subsection 17 (5) of the Act, this section contains guidelines about when special circumstances apply in relation to the lodgement of a claim for pension bonus by a person who is a registered member of the pension bonus scheme immediately before lodging a claim for age pension.

 (2) A special circumstance applies in relation to a claim for pension bonus by a person if:

 (a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and

 (b) an invitation was not made to the person under subsection 17 (3) of the Act to lodge a claim for pension bonus; and

 (c) an invitation should have been made because:

 (i) the person was, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and

 (ii) the claim for age pension was made by the person in accordance with a form that did not require the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

 (iii) a claim for pension bonus was not attached to the claim for age pension; and

 (d) the person did not knowingly give the Secretary incorrect information that led the Secretary to conclude that the making of an invitation to lodge a claim for pension bonus by the person would be inappropriate.

 (3) A special circumstance applies in relation to a claim for pension bonus by a person if:

 (a) the person lodges the claim for pension bonus within 2 years of the date of lodgement of a claim for age pension; and

 (b) all of the following apply:

 (i) the claim for age pension was made by the person in accordance with a form that required the claimant to disclose whether the claimant was registered as a member of the pension bonus scheme or the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

 (ii)  the claimant did not disclose that information;

 (iii) the Secretary did not seek disclosure of that information before granting the claim for age pension.