Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p5
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 10671–13651

19. Subsection 355(3):

Omit "and (6)", substitute ", (6) and (7)".

SCHEDULE 1—continued

20. Section 355:

Add at the end:

Cancellation when payability ceases under departure certificate rules

"(7) If the adverse determination is made because allowance ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which allowance ceased to be payable under that section.".

21. Paragraph 362(3)(b):

After "1218" insert 1218A, 1218B, 1218C".

22. After subsection 402(5):

Insert:

Favourable determination reversing cancellation due to departure certificate rules

"(6) If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a widow B pension because the pension ceased to be payable under section 1218, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the cancellation or suspension.".

23. Subsection 403(3):

Omit "and (6)", substitute ", (6) and (7)".

24. Section 403:

Add at the end:

Cancellation when payability ceases under departure certificate rules

"(7) If the adverse determination is made because pension ceased to be payable under section 1218, the day specified under paragraph (2)(b) may be on or after the day on which pension ceased to be payable under that section.".

25. Paragraph 1213(2)(a):

After "1218" insert ", 1218A, 1218B, 1218C".

26. Paragraph 1213A(4)(a):

After "1218" insert ", 1218A, 1218B, 1218C".

SCHEDULE 1—continued

27. Paragraph 1214(2)(a):

  After "1218" insert 1218A, 1218B, 1218C".

28. Subsection 1214(5):

  After "1218" insert 1218A, 1218B, 1218C".

29. Section 1218:

  Repeal the section, substitute:

Social security payments to recipient outside Australia without a departure certificate

Social security payments affected by this section

"1218.(1) This section and sections 1218A, 1218B and 1218C apply in relation to the following social security payments:

  (a) age pension;

  (b) disability support pension;

  (c) wife pension;

  (d) sole parent pension;

  (e) bereavement allowance;

  (f) widow B pension.

Qualification ceases after 6 months outside Australia

"(2) Subject to sections 1218A and 1218B, a person who is absent from Australia for more than 6 months ceases to be qualified for a social security payment 6 months after the person's departure from Australia, unless the person has been given a departure certificate under section 1219 relating to the departure.

Effect of loss of qualification under subsection (2)

"(3) If a person ceases to be qualified for a social security payment as a result of subsection (2):

    (a) the person remains disqualified until the person becomes qualified again for the payment (either under subsection 1218C(1) or by any other means); and

    (b) the payment ceases to be payable to the person from the time the person ceased to be qualified until the time