Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p16
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 38205–40846

her conviction for an offence;

   (b) while undergoing a term of imprisonment, or within such period after the person ceases to be imprisoned as the Director-General, in special circumstances, approves, the person lodges a claim for a pension under Part III or IV; and
(c) the pension is granted,
the Director-General may, notwithstanding anything contained in section 39 or 68, determine that the pension may be paid from a date before the date on which the claim for the pension was lodged but not before the date on which the person was imprisoned but, if the Director-General determines that pension may be paid from a date before the person ceases to be imprisoned,
sub-sections (2) and (3) apply in relation to the person as if the person had been entitled to be paid a pension immediately before the person was imprisoned.
"(6) In this section, a reference to a person being imprisoned shall be read as including a reference to that person being lawfully detained in a place other than a prison and a reference to a term of imprisonment shall be construed accordingly.".

Cancellation, suspension or variation of pension, &c.
58. Section 135tj of the Principal Act is amended—
(a) by omitting from sub-sections (1) and (3) "in writing"; and
(b) by inserting after sub-section (1) the following sub-sections:
"(1a) Subject to sub-section (1b), where an allowance under section 9 of  the Tuberculosis Act 1948 is payable to or in respect of a person—
    (a) a pension under Part III or IV, a benefit under Part IVaaa or VII or an allowance under Part VIIA or VIII (other than under section 135d), is not payable to that person; and
    (b) a pension under Division 5 or 6 of Part III is not payable to the spouse of that person,
in respect of any period in respect of which the first-mentioned allowance is payable.
"(1b) Sub-section (1a) does not apply in respect of a person who is in  receipt of a pension under Part III and who—
(a) is permanently blind; or
(b) having attained the age of 70 years, is in receipt of a pension at a rate  determined in accordance with sub-section 28(2ab) or (2ac).".

On death of married person, widow or widower to receive combined pensions for 12 weeks
59. Section 135u of the Principal Act is amended by inserting in sub-section (1) "de facto spouse or a" before "dependent" (wherever occurring).

Recovery of overpayments
60. (1) Section 140 of the Principal Act is amended—
(a) by omitting from sub-section (1) ", endowment or benefit" and
 substituting "or benefit under this Act";
(b) by omitting from sub-section (2) ", endowment or benefit" and substituting               "or benefit under