Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p53
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 128787–131477

attendant allowance under section 98" after "Part II or IV";
    (b) by inserting in paragraph (1) (d) "or an attendant allowance under section 98" after "Part II or IV"; and
    (c) by inserting in paragraph (1) (d) "or allowance" after "such a pension" (wherever occurring).
Commencement: Day of Royal Assent

Payments of pensions
89. Section 122 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections:
"(2) Where the pensioner requests the Commission in writing to do so, the Commission may, in writing, approve payment of the pension to a person specified in the request for such period as is specified in the approval.
"(3) The Commission shall not approve payment of the pension to the person specified in the request unless the Commission is satisfied that the person has agreed to receive payment as agent of the pensioner.
"(3a) Where a payment of pension is made to a person in accordance with an approval under subsection (2):
    (a) the payment shall, for all purposes, be deemed to be a payment of the pension to the pensioner;
    (b) neither the Commonwealth nor the Commission is bound to oversee the application of the payment by the person; and
    (c) the person shall be taken to receive the payment as agent of the pensioner.".
Commencement: Day of Royal Assent

90. Section 123 of the Principal Act is repealed and the following sections are substituted:

Interpretation
"123. (1) In this section and sections 123a to 123e (inclusive):
     'applicable sections' means this section and sections 123a to 123e (inclusive);

     'child', in relation to a person who has died (in this definition called the 'deceased'), means:
         (a) a person who is a child of the deceased within the meaning of section 10;
         (b) a person of whom the deceased was the father or mother; or
         (c) a person who was adopted by the deceased or by the deceased and the deceased's spouse;
     'de facto spouse', in relation to a person, means a person of the opposite sex living as the spouse of the first person on a bona fide domestic basis although not legally married to the first person;
     'parent', in relation to a person who has died, means someone whose child the person was;
     'sibling', in relation to a person who has died, means someone who was a sister, half-sister, brother or half-brother of the person;
     'spouse', in relation to the approval of a payment under section 123b or 123c in respect of a person who has died, means someone who was a spouse or de facto spouse of the person immediately before the person's death;
     'waiting period', in relation to a person, means the period of