Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p18
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 42487–45111

whose partner, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; and".

9. Subsection 38(1):

Add at the end:

"; or (e) is a person:

(i) who is the widow or widower of a veteran who has rendered qualifying service; and

(ii) who is qualified for an age pension under the Social Security Act.".

10. After subsection 38(1):

Insert:

"(1A) For the purposes of subsection (1), a disqualifying provision is a section of this Part or of Part IIIB or IIIC that has the effect that an age service pension or an invalidity service pension that would otherwise be payable to a person is not, or ceases to be, payable.

"(1B) Subject to subsections (1C) and (1D), a person is not eligible for a partner service pension under subsection (1) unless the person:

(a) has reached the age of 50 years; or

(b) has a dependent child when he or she makes a claim for the pension.

"(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 is a veteran to whom section 24 applies.".

SCHEDULE 4—continued

11. Subsections 38(3) and 38(3A):

Omit "or (d)" (wherever occurring), substitute ", (d) or (e)".

12. Subsection 41(5):

Omit the subsection.

13. Point 41-B1 of the Rate Calculator in section 41 (Table B—item 2):

Omit the item.

14. Point 41-B1 of the Rate Calculator in section 41(Table B—item 3—column 2):

Omit "(partner getting pension or benefit)".

15. Point 41-B1 of the Rate Calculator in section 41 (Note 1):

Omit the Note, substitute:

     "Note 1: For member of a couple and partnered see section 5E, and for illness separated couple and respite care couple see subsections 5R(5) and (6).".

16. Point 41-C12 of the Rate Calculator in section 41 (Table C-2—item 2—column 2):

Omit "(partner getting neither pension nor benefit)".

17. Point 41-C12 of the Rate Calculator in section 41 (Table C-2—items 3 and 4):

Omit the items.

18. Point 41-C12 of the Rate Calculator in section 41 (Note 1):

Omit the Note, substitute:

"Note 1: For member of a couple and partnered see section 5E.".

19. Point 41-C12 of the Rate Calculator in section 41