4.15.2 Determination of SBP claims
This section describes the provisions relating to the determination of SBP claims and covers the following:
- claim is withdrawn before it is determined
- deferral of SBP determination pending resolution of PLP
- effective claim must be determined.
Claim is withdrawn before it is determined
A person can withdraw their claim if it has not yet been determined. If the claim is withdrawn it is taken to never have been made.
Act reference: FA(Admin)Act section 40 Claim may be withdrawn
Deferral of SBP determination pending resolution of PLP
Where an individual claims SBP and they or their partner have also claimed PLP for the same child, the Secretary must defer the determination of the SBP claim. The SBP claim cannot be determined until one of the following occurs:
- if a determination has been made that PLP is payable for the child
- the individual's PPL period (PPL Guide 1.1.P.200) starts, or
- the payability determination is revoked, or
- the claim for PLP is rejected (i.e. the individual is not eligible for PLP), or
- the claim for PLP is withdrawn (i.e. the individual elects to receive SBP).
If the individual does not advise that they wish to withdraw their PLP claim, the PLP determination will be made when the PPL period starts and the SBP claim will be rejected. If the PPL period does not start, because the PLP payability determination is revoked, the SBP claim can be determined.
Act reference: FA(Admin)Act section 41(3) Deferral of 'normal circumstances' SBP …
Effective claim must be determined
If a claim for SBP in normal circumstances or a bereavement claim is effective, it must be determined. If a claim is not effective, it is taken never to have been made.
Example: Chris lodged a claim for SBP, but did not complete all the questions on the claim. Centrelink sent Chris a written request for the rest of the information required to assess her eligibility. Chris did not respond to the request. As the claim is incomplete there is insufficient information available to determine the claim, and the claim is found not to be effective. Once the claim is found not to be effective it is taken never to have been made. If Chris wishes to test her eligibility again she must lodge a new claim.
If the individual is eligible for SBP, a determination must be made that the individual is entitled to be paid and the amount of the payment. If the individual is not eligible for SBP, a determination must be made that the individual is not entitled to be paid.
Once a determination is made, it comes into force when it is made and remains in force at all times afterwards.
Centrelink must give notice of the determination to the claimant stating:
- whether they are entitled to be paid under the determination, and
- if the claimant is entitled to payment, the amount of SBP and how it is to be paid.
A determination to grant or reject a claim may be reviewed.
Act reference: FAAct section 36 When an individual is eligible for SBP …, section 38 What happens if an individual …
FA(Admin)Act section 41 Secretary must determine claim, section 42 Determination of 'normal circumstances' entitlement claim, section 43 Determination of 'bereavement' entitlement claim, section 44 Determination that no entitlement, section 45 When determination is in force, section 105 Secretary may review certain decisions on own initiative