Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38b
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38B
Character Range: 476580–478363

38B  Partner service pension generally not payable before claim

Provisional commencement day
 (1) A partner service pension is not payable to a person before the person's provisional commencement day.
 (1A) Subject to subsections (2) and (3), a person's provisional commencement day is the day on which the person claims the partner service pension.

Initial incorrect claim followed by proper claim
 (2) If:
 (a) a person makes a claim (in this subsection called the initial claim) for partner service pension; and
 (b) the claim is not a proper claim; and
 (c) on the day on which the person makes the initial claim, the person is eligible for partner service pension; and
 (d) the person subsequently makes a proper claim:
 (i) within 3 months after being notified that the initial claim was not a proper claim; or
 (ii) if the person was not so notified—at any time;
then the person's provisional commencement day is the day on which the initial claim was lodged.

After a person makes a claim, the person's partner becomes a special rate disability pensioner
 (3) If:
 (a) a person makes a claim for partner service pension; and
 (b) that claim is refused; and
 (c) that claim would not have been refused if, on the day on which the claim was made, the person's partner was a veteran to whom section 24 applied; and
 (d) after that claim is refused, the Secretary notifies the person's partner that he or she is a veteran to whom section 24 applies; and
 (e) within 3 months after that notification, the person makes another claim for partner service pension;
then the person's provisional commencement day is the later of:
 (f) the day the person made the claim referred to in paragraph (a); and
 (g) the day the person's partner became a veteran to whom section 24 applies.