Document ID: chunk:federal_register_of_legislation:C2024C00825:section:48ab:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 48AB (pt 1/3)
Character Range: 149858–152360

48AB  Special grants of pension
 (1) If, at any time after the commencement of the Superannuation Act 1976, a pension is not payable under section 47 or 48 of this Act to or in respect of a person to or in respect of whom pension would be payable at that time under Part VI of the Superannuation Act 1976 if a deceased pensioner (including a pensioner who died before the commencement of the Superannuation Act 1976) would have been in receipt of a pension at the time of his death under section 55 or 66 of that Act if that Act had come into force before he ceased to be an employee, the Commissioner may grant, from such date as the Commissioner specifies, a pension to or in respect of the person under section 47 or 48 of this Act at such rate and on such conditions as the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, determines.
 (1A) If, at any time after the commencement of the Superannuation Act 1976, a pension is not payable under section 46 or 48 of this Act in respect of a person in respect of whom pension would be payable at that time under Part VI of the Superannuation Act 1976 if that Act had come into force before the death of a deceased contributor (not being a person who, if that Act had come into force before the deceased contributor had died, would, at the time of the deceased contributor's death, have been a spouse of the deceased contributor for the purposes of that Act), the Commissioner may grant, from such date as the Commissioner specifies, a pension in respect of the person under section 46 or 48 of this Act at such rate and on such conditions as the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, determines.
 (1B) The date specified by the Commissioner under subsection (1) or (1A) in relation to the granting of an entitlement to pension shall not, unless the Commissioner is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than 1 July 1976.
 (1C) A determination by the Commissioner for the purposes of subsection (1) or (1A) shall be in writing.
 (2) Where, at any time before the commencement of the Superannuation Act 1976, pension has been payable under subsection (1) of section 47 of this Act to the widow or widower of a deceased pensioner, the Commissioner for