3.4.3.30 WA Post 1 July 2018

Summary

From 1 July 2018, no new claims for WA can be made. Women who were receiving WA immediately before 1 July 2018 are 'saved' and can continue to receive WA beyond this date. Women who made a claim and were qualified for WA before 1 July 2018 but were not granted until after this date are also saved.

Act reference: SSAct section 408AA(2) Time limit on grants

Deemed claims

A woman's claim for WA may be taken to have been made before 1 July 2018 in accordance with the deemed claim rules contained in the SS(Admin)Act section 12 and section 15.

Example 1: A woman is receiving NSA when her partner, who is not receiving an income support payment, dies on 28 June 2018. The woman is not aware that she is qualified for WA until 13 August 2018 when she contacts DHS. As the woman was qualified for WA from 28 June 2018 and contacted DHS within 13 weeks of this date (the date of the determination), she can be deemed to have made a claim for WA on 28 June 2018 and is eligible to receive WA beyond 1 July 2018.

Act reference: SS(Admin)Act section 12 Deemed claim in certain cases

Example 2: A woman claims CP on 28 June 2018 to help care for her grandchildren. The woman is found not to be qualified for CP as she is not providing constant care. The woman subsequently makes a claim for WA on 14 July 2018. As she was qualified for WA when she made the CP claim, the WA claim is taken to have been made on 28 June 2018 and she is eligible to receive WA beyond 1 July 2018.

Act reference: SS(Admin)Act section 15 Deemed claim-incorrect or inappropriate claims

Favourable determination resulting from review

A woman who submits a WA claim before 1 July 2018 and is rejected can subsequently be granted WA with a start date on or after 1 July 2018 if she successfully appeals the decision.

Example: A woman makes a claim for WA on 28 June 2018 and is subsequently rejected. The woman seeks a review of the decision on 12 October 2018 which is more than 13 weeks after notification of the decision is given. The review is successful and WA is granted with a start date of 12 October 2018.

Act reference: SS(Admin)Act section 107 General rule

Last reviewed: 2 July 2018