Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p9
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 19131–21667

woman's husband has continued to be a mental hospital patient; and

  (c)     the woman does not have an SPP child;

the woman is to be taken to satisfy paragraph 362 (1) (c) of this Act (widow B pension).

(3)     For the purposes of subclauses (1) and (2), if the woman's husband is absent from the mental hospital for a continuous period of 4 weeks or more, he is to be taken to cease to be a mental hospital patient at the end of the 4 week period that starts when the absence starts.

  (4)     If:

  (a)     subclause (1) or (2) applies to a woman; and

  (b)     the woman is qualified for a wife pension; and

    (c)     the rate at which a wife pension would be payable to the woman is higher than the rate at which a sole parent or widow B pension would be payable to the woman;

the following provisions apply:

    (d)     subclauses (1) and (2) do not prevent the grant to her of a wife pension;

    (e)     the grant of a wife pension to her may take effect on and from the date on which the woman became qualified for the wife pension at the higher rate;

    (f)      if she is granted a wife pension, subclause (1) or (2) is to be taken to have ceased to apply to her on the day on which the grant of the wife pension takes effect.

Benevolent homes (changes introduced on 1 January 1981)

  22. (1) If:

   (a) immediately before 1 January 1981:

         (i) a person was receiving an age, invalid or class B widow pension under the 1947 Act; and

SCHEDULE 1—continued

      (ii) the person was an inmate of a benevolent home; and

      (iii) the person's pension was being dealt with in accordance with section 50 or 80 of the 1947 Act; and

    (b) at all times since 1 January 1981, the person has been an inmate of a benevolent home;

the following provisions apply to the person's pension in spite of anything in section 60, 113, 274 or 381 of this Act:

    (c) the person is to be paid so much of the person's pension as does not exceed:

         (i) if the person is receiving rent assistance—$1,164.80 per year; or

         (ii) if the person is not receiving rent assistance—$1,112.80 per year; and

    (d) the balance (if any) is to be paid to the person controlling the benevolent home for the maintenance of the pensioner in the home.

(2) Subclause (1) stops applying to the person's pension if the amount payable under that subclause to the person controlling the benevolent home equals or exceeds the pensioner contribution that would otherwise be payable to that person under section 60, 113,