Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p42
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 107319–109992

Security Act; or

        (ii) an application for review of an adverse decision (or of a decision confirming the adverse decision) may still be made under Chapter 6 of that Act, as a result of which a favourable determination may be made under that Act that will take effect (if made) as provided under whichever backdating provision is applicable to the determination; and

    (c) the war widower or war widow does not make an election under subsection 45E(2).

"(2) Chapter 6 of the Social Security Act continues to apply until no further application for review of the adverse decision can be made under that Chapter.

  "(3) This Act has effect as if on the commencing day:

    (a) the war widower or war widow had made a claim for income support supplement under section 451; and

  (b) the Commission had determined under section 45Q that:

        (i) the claim was to be granted; and

        (ii) income support supplement was payable to the war widower or war widow at a rate equal to the rate ('operative rate') at which the social security pension was payable to him or her immediately before the commencing day; and

    (c) in the event that the operative rate of the social security pension is varied as a result of the review—the war widower or war widow had made, as provided in subsection (4), an application for review of the decision of the Commission concerning the rate of which income support supplement was to be paid to him or her.

"(4) For the purposes of paragraph (3)(c), an application for review by the war widower or war widow is taken to have been made:

    (a) if immediately before the commencing day the adverse decision under the Social Security Act was being reviewed by the Administrative Appeals Tribunal—to the Administrative Appeals Tribunal under section 175 of this Act; and

  (b) in any other case—to the Commission under section 57A of this Act.

  "(5) In this section:

'backdating provision', in relation to a determination under the Social Security Act relating to a social security pension, means:

    (a) in the case of an age pension—subsection 80(2) or (4) of the Social Security Act; or

    (b) in the case of a disability support pension—subsection 115(2) or (4) of the Social Security Act; or

    (c) in the case of a wife pension—subsection 184(2) or (4) of the Social Security Act; or

    (d) in the case of a carer pension—subsection 209(2) or (4) of the Social Security Act; or

    (e) in the case of disability wage supplement—subsection 431(2) or (4) of the Social Security Act.

"Division 2—Claim for income support supplement

Need for a claim

"45I. Subject to section 45N, a person who wants to be