Document ID: chunk:federal_register_of_legislation:C2024C00866:section:45r
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 45R
Character Range: 514339–516244

45R  Date of effect of determination
 (1) If the Commission determines under section 45Q that income support supplement is payable to the person:
 (a) the determination takes effect on the day on which the determination is made or on such later or earlier day as is specified in the determination; and
 (b) subject to this Act, income support supplement is payable to the person at the rate specified in the determination.
Note: Income support supplement is not payable to a person who is receiving a service pension, a veteran payment or a social security pension or benefit (see section 45D).
 (2) Despite paragraph (1)(a), if:
 (a) any of the following applies:
 (i) a pension is payable to a person under Part II or IV at a rate determined under or by reference to subsection 30(1) from a particular day (the benefit day); or
 (ii) a lump sum mentioned in subsection 236(5) of the MRCA is payable to a person, in respect of the death of a deceased member on a particular day (the benefit day); or
 (iii) the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) is payable to a person from a particular day (the benefit day); and
 (b) as a result, a social security pension or a social security benefit that was payable to the person immediately before the benefit day is no longer payable; and
 (c) the person makes a claim for income support supplement on a day (the ISS claim day) after the benefit day; and
 (d) had the person made a claim for income support supplement on the benefit day, he or she would have been eligible for income support supplement throughout the period beginning on the benefit day and ending on the ISS claim day;
the determination takes effect on, and income support supplement is payable to the person on and from, the benefit day.

Division 5—Rate of income support supplement