Document ID: chunk:federal_register_of_legislation:C2007A00089:clause:1_35
Version: federal_register_of_legislation:C2007A00089
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 24721–25462

35  Subsections 55(1) and (2)
Repeal the subsections, substitute:

 (1) Subject to subsection (3), an instalment of a service pension or income support supplement is not payable to a person in respect of a day on which the person is:
 (a) in gaol; or
 (b) undergoing psychiatric confinement because the person has been charged with an offence.

Note: While an instalment is not payable to a person, the person is not entitled to benefits under Division 12 because the person is not receiving a service pension or income support supplement unless a determination is in force under subsection 53D(3), 55A(1) or 85(8).

Note: The heading to section 55 is altered by adding at the end "or in psychiatric confinement following criminal charge".