Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p31
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 31/35)
Character Range: 115571–118379

occurs after the person has left Australia; and

        (d) ending on the day before:

           (i) the day on which the person returns to Australia; or

           (ii) the day on which the person notifies the Department of his or her return to Australia;

    whichever is the later.

This point does not apply to a person who:

        (e) after notifying the Department that he or she will be absent from Australia for a period of 12 months or more, returns to Australia before the 1 January that first occurs after the person has left Australia; and

        (f) has notified the Department of his or her return to Australia before that 1 January.".

Rate of partner service pension for widows, widowers and non-illness separated spouses

48. The Rate Calculator in section 44 of the Principal Act is amended:

    (a) by inserting in point 44-CA1 "44-CA1A, " after "points";

    (b) by inserting after point 44-CA1 the following point:

No pharmaceutical allowance during certain periods of absence

    "44-CA1A. If a person:

        (a) has notified the Department that he or she will be absent from Australia for a period of 12 months or more; or

        (b) has been absent from Australia for a period of 12 months or more;

the person is not eligible to receive pharmaceutical allowance in respect of the period:

        (c) beginning on the 1 January that first occurs after the person has left Australia; and

        (d) ending on the day before:

           (i) the day on which the person returns to Australia; or

           (ii) the day on which the person notifies the Department of his or her return to Australia;

    whichever is the later.

This point does not apply to a person who:

        (e) after notifying the Department that he or she will be absent from Australia for a period of 12 months or more, returns to Australia before the 1 January that first occurs after the person has left Australia; and

        (f) has notified the Department of his or her return to Australia before that 1 January.".

Automatic rate reduction—recipient not complying with section 54 notification obligations

49. Section 56B of the Principal Act is amended by omitting "the pension" and substituting "then, except where otherwise provided for by this Act, the pension".

Age, invalidity and partner service pensions generally portable

50. Section 58K of the Principal Act is amended by inserting after paragraph (a) of the Note at the end of subsection (1) the following paragraph:

     "(ab) if the person is absent from Australia, he or she may not be eligible for pharmaceutical allowance during part of the absence (see points 41-CA1A, 42-DA1A, 43-DA1A, 44-CA1A and subsections 118A(2), (3) and (4);".

Eligibility for pharmaceutical allowance

51. Section 118A of the Principal