Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p7
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 15965–18778

until 28 January 1997 (inclusive), despite the fact that he was outside Australia and despite the cancellation of his pension with effect from 1 July 1996. (He continues to qualify for age pension once he is back in Australia on and after 28 January 1997.)

SCHEDULE 1—continued

Example 2:

Facts:

Jane receives age pension. She leaves Australia on 1 February 1996 without a departure certificate. The Secretary finds out about Jane's departure on 10 August 1996 and sends a recipient statement notice to Jane's last known address in Australia. On 25 August 1996, a major natural disaster strikes the remote region where Jane is. The disaster cuts all communications with the rest of the world and is expected to prevent people from leaving the region for several months. On 12 September 1996 the Secretary finds out from Jane's daughter how the natural disaster has affected the region where Jane is. The Secretary considers the natural disaster is a circumstance beyond Jane's control that justifies Jane continuing to be qualified for age pension from 1 August to 30 November 1996 (the day by which Jane could reasonably be expected to have provided information about her continuing qualification or to have returned to Australia). On 13 September 1996, the Secretary specifies under section 1218A that Jane should continue to be qualified for that period.

Application:

Jane is qualified for age pension from 1 February to 30 November 1996. (If Jane is still outside Australia after 30 November 1996, the question whether she qualifies for age pension then will depend on whether subsection 1218A(3) or section 1218B or 1218C applies to her.)

Continuation of qualification if recipient statement notice returned within 3 months

Secretary to send recipient statement notice to recipient who is outside Australia

"1218B.(1) If:

   (a) the Secretary becomes aware of a person's departure from Australia less than 12 months after the departure; and

   (b) the Secretary has reason to believe that the person may have been qualified for a social security payment at the time of the person's departure; and

   (c) the Secretary has not given the person a departure certificate relating to the person's departure; and

   (d) the Secretary is not aware that the person has returned to Australia within 6 months after the person's departure;

the Secretary must send a recipient statement notice to the person.

Continuing qualification if recipient statement notice is returned within 3 months

"(2) Subsection 1218(2) is taken never to have applied in relation to a particular departure by a person if:

SCHEDULE 1—continued

   (a) no more than 3 months after the Secretary first sent the person a recipient statement notice under subsection (1) of this section, the Secretary receives from the person a