Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p29
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 29/35)
Character Range: 110468–113291

specified in Schedule 2A; or

           (iii) a permanent visa of a class specified in a declaration of the Minister under subsection (5) that is in force.

    "(5) If:

        (a) after the commencement of this subsection, a class of permanent visas (other than a class specified in Schedule 2A) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and

        (b) the Minister is of the view that a person holding a visa of that class should be included in the definition of' refugee' for the purposes of Part III;

    the Minister may declare in writing that class of visas to be an approved class of visas for the purposes of the definition. The declaration is a disallowable instrument.".

Eligibility for age service pension

42. Section 36 of the Principal Act is amended:

    (a) by omitting from subsection (2) "A person" and substituting "Subject to subsection (2A), a person";

    (b) by inserting after subsection (2) the following subsection:

    "(2A) Subsection (2) does not apply to:

        (a) a refugee; or

        (b) a former refugee.".

Eligibility for invalidity service pension

43. Section 37 of the Principal Act is amended:

    (a) by omitting from subsection (3) "A person" and substituting "Subject to subsection (3A), a person";

    (b) by inserting after subsection (3) the following subsection:

    "(3A) Subsection (3) does not apply to:

        (a) a refugee; or

        (b) a former refugee.".

New Schedule

44. After Schedule 2 to the Principal Act the Schedule set out in Schedule 5 to this Act is inserted.

Division 10—Pharmaceutical allowance

Rate of age, invalidity, partner and carer service pension (no dependent children)

45. The Rate Calculator in section 41 of the Principal Act is amended:

    (a) by inserting in point 41-CA1 "41-CA1A, " after "points";

    (b) by inserting after point 41-CA1 the following point:

No pharmaceutical allowance during certain periods of absence

    "41-CA1A. If a person:

        (a) has notified the Department that he or she will be absent from Australia for a period of 12 months or more; or

        (b) has been absent from Australia for a period of 12 months or more;

the person is not eligible to receive pharmaceutical allowance in respect of the period:

        (c) beginning on the 1 January that first occurs after the person has left Australia; and

        (d) ending on the day before:

           (i) the day on which the person returns to Australia; or

           (ii) the day on which the person notifies the Department of his or her return to Australia;

    whichever is the later.

This point does not apply to a person who:

        (e) after notifying the Department that he or she will be absent from Australia for a period of 12 months or more, returns