Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p11
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 11/23)
Character Range: 237030–239661

following subsections:

  "(3) An age pension is not payable to a person who:

  (a) is an armed services widow or an armed services widower; and

    (b) is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

    (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 451 of that Act.

  "(4) Subsection (3) does not apply if:

  (a) the person:

        (i) was on 20 March 1995 receiving; and

        (ii) has from that day continuously received; and

        (iii) is receiving;

    the age pension; and

    (b) the person elected under subsection 45E(2) of the Veterans' Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the age pension.

  "(5) Subsection (3) does not apply if:

    (a) before 20 March 1995, the person had made a claim for age pension; and

    (b) the person elected under subsection 45F(2) of the Veterans' Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and

  (c) on or after 20 March 1995, the person was granted age pension; and

  (d) the person has since that time continued to receive, and is receiving, the pension.

  "(6) Subsection (3) does not apply if:

  (a) before 20 March 1995:

        (i) the person had made a claim for age pension; and

        (ii) the claim had been rejected; and

        (iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

    (b) the person elected under subsection 45G(2) of the Veterans' Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and

    (c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted age pension; and

    (d) the person has since that time continued to receive, and is receiving, the pension.".

Multiple entitlement exclusion

71. Section 103 of the Principal Act is amended by adding at the end the following subsections:

  "(3) A disability support pension is not payable to a person who:

  (a) is an armed services widow or an armed services widower; and

     (b) is receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection 30(1) of