Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38 (pt 1/6)
Character Range: 461752–464286

38  Eligibility for partner service pension
 (1) Subject to this section, a person is eligible for a partner service pension if the person:
 (a) is a person:
 (i) who is a member of a couple; and
 (ii) whose partner is a veteran who is receiving an age service pension or invalidity service pension, or who would be receiving such a pension if not for the operation of one or more disqualifying provisions; or
 (aa) is a person:
 (i) who is a member of a couple; and
 (ii) whose partner is a veteran who has rendered qualifying service; and
 (iii) who is qualified for an age pension under the Social Security Act; or
 (b) is a person in relation to whom the following apply:
 (i) subsection (1AA) applies to the person;
 (ii) the veteran is receiving an age service pension or an invalidity service pension, or would be receiving such a pension if not for the operation of one or more disqualifying provisions; or
 (c) is a person in relation to whom the following apply:
 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));
 (ia) the veteran, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions;
 (ii) the person was receiving a partner service pension or a social security pension immediately before the veteran's death; or
 (d) is a person in relation to whom the following apply:
 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));
 (ii) the person had, before the veteran's death, made a claim for a partner service pension which had not been determined at the date of the death;
 (iii) the veteran:
 (A) was, immediately before his or her death, receiving an age service pension or invalidity service pension; or
 (B) had, before his or her death, made a claim for an age service pension or invalidity service pension which had not been determined at the date of the death but which the Commission determines would have been granted if the veteran had not died; or
 (e) is a person in relation to whom the following apply:
 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)) and who has rendered qualifying service;
 (ii) the person is qualified for an age pension under the Social Security Act; or
 (f) is a person:
 (i) who is a member of a couple; and
 (ii) whose partner is a veteran who is registered as a member of