Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p39
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 99982–102721

was eligible for income support supplement; and

  (d) the person subsequently makes a proper claim:

        (i) within 3 months after being notified that the initial claim was not a proper claim; or

        (ii) if the person was not so notified—at any time;

then:

  (e) subsection (1) does not apply to the person; and

     (f) income support supplement is not payable to the person before the day on which the initial claim was lodged.

Restrictions on dual pensions

"45D.(1) Income support supplement is not payable to a person if the person is receiving:

  (a) an age service pension; or

  (b) an invalidity service pension; or

  (c) a social security benefit.

  "(2) Income support supplement is not payable to a person if:

  (a) the person:

      (i) elected under subsection 45E(2); or

      (ii) is taken under subsection 45E(3) to have elected;

    to continue to receive a social security pension; and

    (b) that pension has not ceased to be payable to the person under the Social Security Act.

  "(3) Income support supplement is not payable to a person if:

  (a) the person:

      (i) elected under subsection 45F(2) or 45G(2); or

      (ii) is taken under subsection 45F(3) or 45G(3) to have elected;

    to receive a social security pension in the event that it was granted to him or her; and

  (b) that pension:

      (i) was granted to the person; and

      (ii) has not ceased to be payable to the person under the Social Security Act.

Election to continue to receive social security pension

"45E.(1) This section applies to a war widower or war widow who immediately before the day ('commencing day') on which this Part commences was receiving a social security pension.

"(2) A person to whom this section applies may, on the commencing day, by notice in writing given to the Secretary, elect to continue to receive, on and after that day, the social security pension that he or she was receiving immediately before that day.

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

Claim for social security pension by war widower or