Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p44
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 112180–114864

certain circumstances

  "45N.(1) This section applies to:

  (a) a war widower or war widow:

        (i) to whom section 45E applies; and

        (ii) who has not made, or is not taken to have made, an election under subsection 45E(2); and

  (b) a war widower or war widow:

        (i) to whom section 45F or 45G applies; and

        (ii) who has not made, or is not taken to have made, an election under subsection 45F(2) or 45G(2) (as the case may be); and

        (iii) to whom a social security pension is granted; and

    (c) a war widower or war widow who, immediately before being granted a pension under Part II or Part IV at a rate determined under or by reference to subsection 30(1), was receiving a partner service pension.

"(2) A person to whom this section applies does not have to make a proper claim under section 451 to be entitled to income support supplement unless the Commission asks him or her to do so.

"(3) If the person is not required by the Commission to make a claim for income support supplement, this Act applies to the person as if:

    (a) the person had made a claim for income support supplement under section 451 on the day on which this Part commenced; and

     (b) the Commission had, on that day, determined under section 45Q that the claim was to be granted.

Withdrawal of claim

"45O.(1) A claimant for income support supplement may withdraw the claim at any time before it is determined by the Commission.

"(2) To withdraw the claim, the claimant must give written notice of withdrawal to the Secretary and the notice must be lodged at an office of the Department in Australia.

"(3) A claimant who withdraws a claim may subsequently make another claim for an income support supplement.

"Division 3—Investigation of claim

Secretary to investigate claim and submit it to Commission

"45P.(1) If a person makes a proper claim for income support supplement, the Secretary must cause an investigation to be made into the matters to which the claim relates.

"(2) When the investigation is completed, the Secretary must cause the claim to be submitted to the Commission for consideration and determination.

"(3) When the claim is submitted to the Commission it must be accompanied by:

  (a) any evidence supplied by the claimant in support of the claim; and

     (b) any documents or other evidence obtained by the Department in the course of the investigation that are relevant to the claim; and

     (c) any other documents or other evidence under the control of the Department that are relevant to the claim.

"Division 4—Consideration and determination of claim

Duties of Commission in relation to claim

"45Q.(1) When the