Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p15
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 35883–38459

under sub-section (1) —
     (i) where the notice relates to the payment of a benefit under Part VII-immediately; or
(ii) in any other case-not less than 14 days; or
(b) in the case of a notice given under sub-section (2)—not less than 14  days.".

Power to obtain information, &c.
56. Section 135tf of the Principal Act is amended by inserting in paragraph (3) (b) "a" before "material".
57. After section 135th of the Principal Act the following section is inserted:

Payment of pension, benefit, &c., during term of imprisonment
"135tha. (1) In this section—
     'de facto spouse' means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person;
'spouse' includes a de facto spouse.
"(2) Where—
(a) a person would, but for this sub-section, be entitled to be paid—
(i) a pension under Part III or IV; or
(ii) a benefit under Part IVaaa;
(b) the person is imprisoned in connection with his or her conviction for an  offence; and
(c) 2 or more pension pay days occur after the first day of the period of the  imprisonment of the person and before the last day of that period,
that entitlement ceases immediately after the earliest of those pension pay days and revives immediately before the last of those pension pay days.
"(3) Where—
(a) entitlement to a pension or benefit has ceased by virtue of sub-section (2);               and
(b) the spouse of the person or child is dependent on the person,
the Director-General may authorize the payment of the whole or any part of an instalment of that pension or benefit which, but for that sub-section, would have been payable to the person, to the spouse of the person or child, as the case may be, or to some other person approved by the Director-General for the benefit of that spouse or child.
"(4) Where—
(a) a person would, but for this sub-section, be entitled to be paid a benefit under Part VII; and
(b) the person is imprisoned in connection with his or her conviction for an offence,
that benefit is not payable to that person in respect of the period during which the person is imprisoned.
"(5) Where—
   (a) a person would be eligible to be paid an allowance under Part VIIa but for the imprisonment of the person in connection with his or 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