Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p6
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 6/26)
Character Range: 105254–108191

paragraph (b) see also section 771NP.

"Subdivision B—Automatic termination

Automatic termination—transfer to new payment type

  "771NB. If:

  (a) a person is receiving partner allowance; and

     (b) a social security pension, another social security benefit or a service pension becomes payable to the person;

the partner allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.

Automatic termination—transfer of partner to new payment type

  "771NC. If:

  (a) a person is receiving partner allowance; and

     (b) a social security pension or a service pension becomes payable to the person's partner; and

     (c) because the pension becomes payable to the partner, job search allowance, newstart allowance, sickness allowance or special benefit ceases to be payable to the partner;

partner allowance ceases to be payable to the person immediately before the day on which the pension referred to in paragraph (b) becomes payable to the partner.

Automatic termination—recipient complying with section 771MC notification obligations

  "771ND. If:

     (a) a person who is receiving partner allowance is given a notice under section 771MC; and

    (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the 'notification period'); and

  (c) the event or change in circumstances occurs; and

    (d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

  (e) because of the occurrence of the event or change in circumstances:

      (i) the person ceases to be qualified for the allowance; or

        (ii) the allowance would, but for this section, cease to be payable to the person; and

    (f) the allowance is not cancelled before the end of the notification period;

the allowance continues to be payable to the person until the end of notification period and then ceases to be payable to the person.

    Note: If the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person's allowance there is no automatic rate reduction and a determination under section 771NM must be made in order to bring the rate reduction into effect.

Automatic termination—recipient not complying with section 771MC notification obligations

  "771NE. If:

     (a) a person who is receiving partner allowance is given a notice under section 771MC; and

     (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the 'notification period'); and

  (c) the event or change in circumstances occurs; and

     (d) the person does not inform the Department of the occurrence of the event or