Document ID: chunk:federal_register_of_legislation:C2024C00866:section:45nf
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 45NF
Character Range: 508204–509898

45NF  Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension
 (1) If:
 (a) a person has claimed income support supplement; and
 (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;
the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the comparable foreign pension.
 (1A) If:
 (a) a person has claimed income support supplement; and
 (b) the Secretary is satisfied that the claimant's partner (if any) may be entitled to a comparable foreign pension if the partner applied for that pension;
the Secretary may give the claimant a notice that requires the partner to take reasonable action to obtain the comparable foreign pension.
 (2) A notice under subsection (1) or (1A):
 (a) must be in writing; and
 (b) must be given personally or by post; and
 (c) must state the period within which reasonable action must be taken.
 (3) The period stated under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.
 (4) The Commission may reject a claim if:
 (a) the claimant is given a notice under subsection (1) or (1A); and
 (b) the Commission is satisfied that the claimant, or the claimant's partner, has not taken reasonable action to obtain the comparable foreign pension within the period stated in the notice.
 (5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.

Division 3—Investigation of claim