Document ID: chunk:federal_register_of_legislation:C2024C00574:clause:2_38
Version: federal_register_of_legislation:C2024C00574
Segment Type: clause
Provision Reference: sch 2 cl 38
Character Range: 46522–47831

38  After subsection 23(1C)
Insert:
 (1D) If, on a day that is on or after 20 September 2004:
 (a) adjusted disability pension (within the meaning of section 118NA of the Veterans' Entitlements Act) is payable to a person or a person's partner; and
 (b) apart from this subsection, a social security pension or social security benefit is not payable to the person, but only because the rate of the pension or benefit would be nil; and
 (c) the rate of the social security pension or social security benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) of the Veterans' Entitlements Act were made;
then, despite any other provision of this Act:
 (e) the social security pension or social security benefit is taken to be payable to the person on that day; and
 (f) the person is taken to be receiving the social security pension or social security benefit on that day.
Note: This subsection overrides provisions of this Act (for example, sections 44 and 98) that provide that a social security pension or social security benefit is not payable where the rate of the pension or benefit would be nil, but only where the rate would not be nil if the 2 assumptions referred to in paragraph (c) were made.