Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:111p
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 111P
Character Range: 130178–131573

111P  Payment of superannuation allowance after remarriage
 (1) Sections 18 and 19 of the Ordinance apply to and in relation to the payment of superannuation allowance to a widow who remarries on or after 1 July 1979 as if the words Provided that if she remarries her allowance shall thereupon cease and determine were omitted.
 (2) Where:
 (a) a widow's entitlement to superannuation allowance by virtue of section 18 or 19 of the Ordinance ceased before 1 July 1979 upon her remarriage;
 (b) the widow applies to the Commissioner for restoration of the superannuation allowance; and
 (c) the widow is in necessitous circumstances or, having regard to the widow's general financial circumstances, the restoration of her superannuation allowance is otherwise warranted;
the Commissioner may, by instrument in writing, direct that the widow's entitlement to superannuation allowance be restored, with effect from such date, and at such rate, as the Commissioner determines.
 (3) The date determined by the Commissioner:
 (a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
 (b) shall not in any case be a date earlier than 1 July 1979.
 (4) The rate determined by the Commissioner shall not exceed the rate at which superannuation allowance would have been payable to the widow if the entitlement had not ceased.