Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p42
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 119901–122795

place within or outside Australia for the purposes of subparagraph (1) (a) (i).

"(3) For the purposes of this Act, a claim or application is taken to have been made on the day on which it is received at an office of the Department in Australia.

Notes

  "5u. For the purposes of this Act, a Note is taken to be part of:

    (a) if the Note immediately follows a section that does not contain subsections—the section; or

SCHEDULE 5—continued

    (b)     if the Note immediately follows a subsection—the subsection; or

    (c)     if the Note immediately follows a point in a Rate Calculator— the point; or

    (d)     if the Note immediately follows a Step in a Method statement and is aligned with the text of the Step—the Step; or

  (e)     if the Note immediately follows a Table—the Table; or

     (f) if the Note immediately follows a paragraph and is aligned with the text of the paragraph—the paragraph.".

Paragraph 35 (1) (d):

  Add at the end:

"and to qualifying service claims (for example, review provisions)".

After paragraph 36p (1) (d):

  Insert:

      "and (e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not eligible for payments under this Subdivision is less than the sum of:

          (i) the amount that would otherwise be payable to the person under section 36q (continued payment of partner's pension); and

           (ii) the amount that would otherwise be payable to the person under section 36s (person's continued rate);".

Paragraph 37 (1) (c):

  Omit "work; and", substitute "work.".

Paragraph 37 (1) (d):

  Omit the paragraph.

After paragraph 37p (1) (d):

  Insert:

      "and (e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not eligible for payments under this Subdivision is less than the sum of:

          (i) the amount that would otherwise be payable to the person under section 37q (continued payment of partner's pension); and

           (ii) the amount that would otherwise be payable to the person under section 37s (person's continued rate);".

 SCHEDULE 5—continued

Subsection 38n (3):
Omit "Widow or Non-illness Separated Wife Rate Calculator", substitute "Service Pension Rate Calculator for Widows and Non-illness Separated Wives".

Paragraph 39a (1) (c):
Omit "section 58k", substitute "subsection 58k (2)".

After paragraph 39r (1) (d):

  Insert:

      "and (e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not eligible for payments under this Subdivision is less than the sum of:

          (i) the amount that would otherwise be payable to the person under section 39s (continued