Document ID: chunk:federal_register_of_legislation:C2024C00866:section:122
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 122
Character Range: 1589943–1591784

122  Payment of pension
 (1) Subject to subsection (2), a pension shall be paid to the person (the pensioner) to whom the pension is payable.
 (2) Where the pensioner, by document lodged at an office of the Department in Australia in accordance with section 5T, requests the Commission to do so, the Commission may, in writing, approve payment of the pension to a person specified in the request for such period as is specified in the approval.
 (2A) A request lodged in accordance with section 5T is taken to have been made on a day determined under that section.
 (3) The Commission shall not approve payment of the pension to the person specified in the request unless the Commission is satisfied that the person has agreed to receive payment as agent of the pensioner.
 (3A) Where a payment of pension is made to a person in accordance with an approval under subsection (2):
 (a) the payment shall, for all purposes, be deemed to be a payment of the pension to the pensioner;
 (b) neither the Commonwealth nor the Commission is bound to oversee the application of the payment by the person; and
 (c) the person shall be taken to receive the payment as agent of the pensioner.
 (4) A pension shall be paid in such manner as the Commission determines.
Note: For the procedure to be followed if the Commission determines that a person's pension is to be paid into an account see section 122A.
 (5) Where, by reason of a public holiday or a bank holiday or for any other reason, an instalment of, or the amount of, a pension cannot be paid on the day on which it would normally be paid, the instalment or amount of the pension may be paid on an earlier day.
 (6) In this section, pension means a pension, allowance or other pecuniary benefit payable under this Act, and includes an instalment of such a pension, allowance or other benefit.