Document ID: chunk:federal_register_of_legislation:C2025C00162:section:796:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 796 (pt 3/3)
Character Range: 1067521–1070021

person was receiving an age or disability support pension or a special needs age or disability support pension; and
 (ii) the partner was receiving an age or disability support pension or a special needs age or disability support pension; and
 (e) the partner's period of Australian working life residence (immediately before the person ceases to be a member of a couple) is longer than the period that would be the person's period of Australian working life residence under point 796‑B2;
the person's period of Australian working life residence is to be equal to the partner's period of Australian working life residence (immediately before the person ceases to be a member of a couple).

Australian working life residence (special needs wife pensioner)
796‑B7  If a person is receiving a special needs wife pension, the person's period of Australian working life residence is equal to the period of Australian working life residence of the person's partner.

Australian working life residence—second special needs pension
796‑B9  If:
 (a) a special needs pension is payable to a person (in this point called the initial pension); and
 (b) the special needs pension is cancelled or ceases to be payable automatically; and
 (c) another special needs pension is payable to the person (in this point called the second pension); and
 (d) the person's period of Australian working life residence in respect of the second pension is shorter than the period that was the person's period of Australian working life residence for the purposes of calculating the person's initial special needs pension;
the person's period of Australian working life residence for the second pension is to be equal to the period of Australian working life residence used in calculating the person's initial pension.

Module C—Residence factor

Residence factor (period of Australian working life residence 25 years or more)
796‑C1  If a person's period of Australian working life residence is 300 months (25 years) or more, the person's residence factor is 1.
Note: If a person's residence factor is 1, the person's overseas pension will be payable overseas at the full domestic rate (less any rent assistance and any and remote area allowance).

Residence factor (period of Australian working life residence under 25 years)
796‑C2  If a person's period of Australian working life residence is less than 300 months (25 years), the person's residence factor is:

Division 10—Bereavement payments

Subdivision A—Death of partner