Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p15
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 47607–50440

than 2 years; the period of 2 years from the beginning of that residence; and

  (e) where:

      (i) the person is residing in a nursing home; and

         (ii) while paragraph (c) applies, the person's partner or non-illness separated wife dies (but not while a resident of a nursing home);

SCHEDULE 2—continued

     the period of 2 years from that death.

Note: for 'residing in a nursing home', see subsection 5n (8).".

Subsection 5q (1) (definition of "account"):

  Omit the definition, substitute:

" 'account', in relation to a financial institution, means the account maintained by a person with the institution to which is credited money received on deposit by the institution from that person;".

Subsection 5q (1) (after the definition of "determination of entitlements"):

  Insert:

" 'financial institution' means a bank, building society, credit union or other institution that receives money on deposit;".

Subsection 5q (1) (after paragraph (a) of the definition of "remote area"):

  Insert:

       "(aa) those parts of Australia referred to in Part II of that Schedule to that Act that are further than 250 kilometres by the shortest practicable surface route from the nearest urban centre with a census population (within the meaning of that Act) of 2,500 or more; and

      (ab) those places in Australia that, for the purposes of that Act, are treated as if they were in a part of Australia referred to in paragraph (a) or (aa); and".

Subsection 5q (1):

  Add at the end:

" 'tax file number' has the same meaning as in Part Va of the Income Tax Assessment Act 1936.".

Section 5s:

  Add at the end:

"(2) Subsection (1) does not apply to a temporary incapacity allowance (under section 107) or a loss of earnings allowance (under section 108).".

Sub-subparagraphs 7a (1) (a) (iii) (b) and (iv) (b):

  Omit "while the person", substitute "as a person who".

Subparagraph 7a (1) (a) (iii):

  Omit "or 8", substitute ", 8, 9 or 10".

SCHEDULE 2—continued

Subparagraph 7a (1) (a) (v):

  Omit the subparagraph.

Paragraph 7a (1) (b):

After "Strategic Reserve)" insert "in the area described in item 3 of Schedule 2 (in column 1) during the period specified in column 2 of that Schedule opposite to that description".

Section 42 (Service Pension Rate Calculator Where There Are Dependent Children—after point 42-C3):

  Insert:

Failure to reasonably pursue maintenance claim

  "42-C3A. If:

    (a)     a person who has a dependent child is entitled to claim maintenance from someone else for the child; and

    (b)    the Commission considers it reasonable that the person should take action to obtain the maintenance; and

    (c)     the person does not take the action that the Commission considers reasonable to obtain the maintenance;

there is no dependent child add-on for that dependent