Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p38
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 97427–100233

Act the following Part is inserted:

"PART IIIA—INCOME SUPPORT SUPPLEMENT

"Division 1—Eligibility for and payability of income support supplement

Eligibility for income support supplement

"45A.(1) A person who has made a claim for income support supplement but whose claim has not yet been determined is eligible for income support supplement if:

  (a) the person:

      (i) is a war widow or war widower; and

      (ii) is an Australian resident; and

      (iii) is in Australia; and

  (b) the person:

      (i) has reached the qualifying age (see subsection (2)); or

      (ii) has a dependent child; or

      (iii) is, in the opinion of the Commission, permanently incapacitated for work (see subsection                                           (3)).

Note: For 'Australian resident' see section 5G.

  "(2) For the purposes of paragraph (1)(b), the qualifying age is:

  (a) 55 years for a woman; or

  (b) 60 years for a man.

"(3) For the purposes of paragraph (1)(b), a person is permanently incapacitated for work if:

  (a) the degree of the permanent incapacity for work is 85% or more; or

  (b) the person is permanently blinded in both eyes.

"(4) If the Commission has determined under section 45Q that the person's claim is to be granted, the person is eligible for income support supplement if the person:

  (a) is a war widow or war widower; and

  (b) is an Australian resident; and

  (c) is in Australia.

Income support supplement may not be payable in some circumstances

"45B. Even though a person is eligible for income support supplement, income support supplement may not be payable to the person because:

  (a) the pension has not commenced to be payable (see section 45C); or

  (b) the person is in gaol (see sections 55 and 55A); or

  (c) the person is receiving an income support pension (see section 45D); or

  (d) the pension is cancelled or suspended (see sections 56E, 56EA, 56J and 56K); or

     (e) the person has not provided a tax file number for the person or the person's partner (see section 128A).

Income support supplement generally not payable before claim

"45C.(1) Income support supplement is not payable to a person before the day on which the person claimed, or is taken to have claimed, income support supplement.

Initial incorrect claim followed by proper claim

  "(2) If:

     (a) a person has made a claim ('initial claim') for income support supplement; and

  (b) the claim is not a proper claim; and

     (c) on the day on which the person made the initial claim, the person was eligible for income support supplement; and

  (d) the person subsequently makes a proper claim:

        (i) within 3 months after being notified that the initial claim was not a proper claim; or

        (ii) if the person was not so notified—at