Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38:p5
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38 (pt 5/6)
Character Range: 471152–473804

2 of Chapter 4 of the MRCA that the impairment constitutes at least 80 impairment points (within the meaning of the MRCA).
 (1C) Subsection (1B) does not apply to a person:
 (a) whose claim for a partner service pension had not been determined before 1 October 1995 but who was eligible, at the date of the claim, for the pension; or
 (b) who was determined by the Commission, before 1 October 1995, to be eligible for a partner service pension;
unless the person's pension is or has been cancelled for any reason.
 (1D) Subsection (1B) does not apply to a person whose partner:
 (a) is a veteran to whom section 24 applies; or
 (b) is receiving, or eligible to receive, a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA.
Note: A person is still eligible to receive a Special Rate Disability Pension even if the amount of the pension is totally offset under section 204 of the MRCA.
 (2) If a veteran:
 (a) makes a claim for age service pension or invalidity service pension at a time when the veteran is receiving age pension or disability support pension under the Social Security Act; and
 (b) the veteran dies before the claim is determined;
the Commission is, for the purpose of the determination under sub‑subparagraph (1)(d)(iii)(B), to disregard the fact that the veteran was receiving social security pension at the time of the claim.
 (2A) A person's eligibility under paragraph (1)(b), (c), (d), (e), (g), (h) or (i) ceases if the person becomes a member of a couple.
Note: The person may become eligible for partner service pension under paragraph (1)(a), (aa) or (f).
 (2AB) A person's eligibility under paragraph (1)(b) or (g) ceases at the end of the period of 12 months beginning on the first day on which the person was living separately and apart from the veteran concerned on a permanent basis.
 (2AC) A person's eligibility under paragraph (1)(b) or (g) does not cease under subsection (2AB) if:
 (a) the person has reached pension age; or
 (b) the circumstances specified under subsection (2AD) exist in relation to the person.
Note: For pension age see section 5Q.
 (2AD) The Commission may, by legislative instrument, specify circumstances for the purposes of paragraph (2AC)(b).
 (4) If:
 (a) a person lodges a proper claim for a partner service pension before meeting the eligibility requirements referred to in subsection (1); and
 (b) the person ceases to be an Australian resident after lodging the claim and before the claim is determined;
the person is not eligible for partner service pension unless:
 (c) the day on which the person met all the eligibility requirements; and
 (d) the day from which