Commonwealth Consolidated Acts

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FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 19

Grant of claim

             (1)  The Secretary is to determine that the claim is to be granted if the claim is for farm household support and the Secretary is satisfied that:

                     (a)  the person is qualified for farm household support; and

                     (b)  no provision of this Act makes the support not payable to the person.

             (2)  The Secretary is to determine that the claim is to be granted if the claim is for exceptional circumstances relief payment and the Secretary is satisfied that:

                     (a)  the person is qualified for exceptional circumstances relief payment; and

                     (b)  no provision of this Act makes the payment not payable to the person.

             (3)  Subject to subsection (4), the Secretary is to determine that the claim is to be granted if the claim is for farm help income support and the Secretary is satisfied that:

                     (a)  the person is qualified for farm help income support; and

                     (b)  no provision of this Act makes the support not payable to the person.

             (4)  If the Secretary is satisfied that a person who has made a claim for farm help income support would suffer severe financial hardship if the person were required to obtain advice on financial outlook or develop an activity plan before accessing that support, the Secretary may grant the claim even if those things have not been done.

             (5)  If the Secretary grants the claim in reliance on subsection (4), the Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraphs 52B(3)(d) and (e)) so that the person can obtain advice on financial outlook and develop an activity plan.

Note:          If the advice is not obtained and the plan is not developed within 3 months of the claim being granted, farm help income support will cease to be payable under section 51.

             (6)  If:

                     (a)  a person makes a claim for a farm help advice and training grant; and

                     (b)  the claim contains information relevant to the question whether the person would qualify for farm help income support, or whether farm help income support would be payable; and

                     (c)  within a period of 3 months beginning on the day on which the claim for the farm help advice and training grant is made, the person makes a claim for farm help income support;

the Secretary may rely on that information in determining the claim for farm help income support.



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