Document ID: chunk:federal_register_of_legislation:C2024C00866:section:45ux:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 45UX (pt 1/2)
Character Range: 616298–618938

45UX  Commission may determine whether periods occurring before becoming a war widow/war widower—pensioner are bonus periods under the social security law
 (1) If a person:
 (a) is a person to whom this Division applies; and
 (b) was registered as a member of the SSA pension bonus scheme;
the Commission may, subject to subsection (3), determine, having regard to information supplied to it under this Act or the social security law, that if:
 (c) the person had made a claim for pension bonus under that law immediately before becoming a war widow/war widower—pensioner; and
 (d) the claim had been made in respect of a period the whole or part of which the Commission determines would have been a period of accruing membership of that scheme;
that period, or that part of that period, would have accrued to the person as a bonus period under that law.
 (2) If a person:
 (a) is a person to whom this Division applies; and
 (b) was not registered as a member of the SSA pension bonus scheme but, in the opinion of the Commission, could have been so registered before becoming a war widow/war widower—pensioner had the person applied for that registration;
the Commission may, subject to subsection (3), determine, having regard to information supplied to it under this Act or the social security law, that if:
 (c) the person had been so registered from the earliest possible date that the person could have been so registered; and
 (d) the person had made a claim for pension bonus under that law immediately before becoming a war widow/war widower—pensioner; and
 (e) the claim had been made in respect of a period the whole or part of which the Commission determines would have been a period of accruing membership of that scheme;
that period, or that part of that period, would have accrued to the person as a bonus period under that law.
 (3) If the Commission determines, in respect of a person to whom this Division applies, that:
 (a) a period would have been:
 (i) if the person was registered as a member of the SSA pension bonus scheme—a part‑year period of accruing membership of that scheme; or
 (ii) if the person was not, but, in the opinion of the Commission, could have been so registered before becoming a war widow/war widower—pensioner had the person applied for that registration and had the person been so registered from the earliest possible date that the person could have been so registered—such a part‑year period of accruing membership of that scheme; and
 (b) the period was not immediately preceded by another period that would have accrued to that person as a bonus period under the social security law;
the