Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:65a
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 65A
Character Range: 94308–95316

65A  Restoration of widow's pension previously cancelled on re‑marriage
 (1) Where:
 (a) a widow's entitlement to pension ceased before 1 July 1979 upon her re‑marriage;
 (b) the widow applies to the Commissioner for restoration of the pension; and
 (c) the widow is in necessitous circumstances or, having regard to the widow's general financial circumstances, the restoration of her pension is otherwise warranted;
the Commissioner may, by instrument in writing, direct that the widow's entitlement to pension be restored, with effect from such date, and at such rate, as the Commissioner determines.
 (2) The date determined by the Commissioner:
 (a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and
 (b) shall not in any case be a date earlier than 1 July 1979.
 (3) The rate determined by the Commissioner shall not exceed the rate at which pension would have been payable to the widow if the entitlement had not ceased.