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Social Security Act 2018

Administration - Application, inquiry, and grant - Inquiry

298: MSD must inquire into claim for benefit

You could also call this:

"MSD must check if you can get a benefit when you apply"

When you apply for a benefit, MSD must look into your claim. They have to check every application that is made by or for you. This means MSD will ask questions and gather information to see if you are eligible for the benefit. There are some exceptions to this rule, which are explained in sections 183A to 183D, section 299, section 303, and some regulations made under section 432(1) and (3)(e). MSD can also look into the circumstances of someone who is already getting a benefit to see how their situation was before they started getting the benefit or while they were getting it. This does not limit what MSD can do when they first look into your application or when they review your entitlement to a benefit, as outlined in subpart 3.

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"Special rules for getting benefits during an epidemic"

Part 6Administration
Application, inquiry, and grant: Inquiry

298MSD must inquire into claim for benefit

  1. MSD must inquire into every claim for a benefit made by or on behalf of an applicant for a benefit.

  2. Subsection (1) is subject to—

  3. sections 183A to 183D (requirement to complete jobseeker profile):
    1. section 299 (inquiry: exception during epidemic):
      1. section 303 (grant: after death of applicant):
        1. regulations made under section 432(1) and (3)(e) (pre-benefit activities: consequences of non-compliance by applicant).

          1. MSD may inquire into the circumstances of a person who has been receiving a benefit as those circumstances existed—

          2. immediately before the benefit was granted; or
            1. during the period or periods that the benefit was paid.

              1. Subsection (3) does not limit—

              2. subsection (1); or
                1. subpart 3 (review of entitlement to, or rate of, benefit granted).

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                  Notes
                  • Section 298(2)(aaa): inserted, on , by section 44 of the Social Security Amendment Act 2025 (2025 No 25).