The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

8.1.2.50 Deemed refusal of claims

Introduction

This topic outlines the application of SS(Admin)Act section 39, which deals with the deemed refusal of claims.

General rule

The general rule is that if a decision is not made regarding a recipient's claim within 13 weeks after the day on which the claim is made, it is deemed that a determination has been made to reject the claim at the end of that period.

In the calculation of the 13 weeks period, where information is requested by Centrelink regarding a recipient's claim for social security payment or concession card, the period between the day the information was asked for and the day the information is received, is not counted for the purposes of the general rule.

Exception: An exception to the general rule is that if a person claims a social security payment up to 13 weeks before the day on which they are qualified for the payment, the claim is taken to be made on the day on which they qualify.

Interaction with SS(Admin)Act sections 13 & 14

If a person has made a claim on a particular date, reference to 'the day on which a claim is made' applies to the day on which the actual claim was lodged, and not the day the claim was deemed to have been made under SS(Admin)Act sections 13 and 14.

Act reference: SS(Admin)Act 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 39 Deemed refusal of claim

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