Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p40
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 102485–105102

absence from Australia);

the Commission may determine that the person is to be taken for the purposes of this Act to have elected to continue to receive the social security pension.

Claim for social security pension by war widower or war widow pending at commencement of Part

  "45F.(1) This section applies to a war widower or war widow if:

    (a) before the day ('commencing day') on which this Part commences, he or she had made a claim for a social security pension under the Social Security Act; and

    (b) on the commencement of this Part, the claim has not been determined.

"(2) A person to whom this section applies may, on the commencing day, elect to receive the social security pension in the event that it is granted to him or her.

   Note: If the social security pension is granted, the person is, as a result of that election, precluded from receiving income support supplement under this Part (see section 45D) for as long as the social security pension continues to be payable to the person.

  "(3) If:

    (a) a person to whom this section applies has failed to make an election under subsection (2); and

    (b) the Commission is satisfied that the person was unable to make the election because of circumstances beyond his or her control (for example, because of a person's incapacity or absence from Australia);

the Commission may determine that the person is to be taken for the purposes of this Act to have elected to receive the social security pension in the event that it is granted to him or her.

Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part

  "45G.(1) This section applies to a war widower or war widow if:

    (a) before the day ('commencing day') on which this Part commences, he or she had made a claim for a social security pension, and the claim had been rejected, under the Social Security Act; and

  (b) on the commencement of this Part:

        (i) the decision to reject the claim (or a decision confirming the decision) is still subject to review following an application for review under Chapter 6 of the Social Security Act; or

        (ii) an application for review of the decision to reject the claim (or of a decision confirming the decision) may still be made under Chapter 6 of that Act, as a result of which a favourable determination may be made under that Act that will take effect (if made) as provided under whichever backdating provision is applicable to the determination.

"(2) A person to whom this section applies may, on the commencing day, elect to receive the