Document ID: chunk:federal_register_of_legislation:C2025C00162:section:95
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 95
Character Range: 493820–495635

95  Qualification for disability support pension—permanent blindness
 (1) A person is qualified for a disability support pension if:
 (a) the person is permanently blind; and
 (b) the person has turned 16; and
 (c) the person:
 (i) is an Australian resident at the time when the person first satisfies paragraph (a); or
 (ii) has 10 years qualifying Australian residence; or
 (iia) has a qualifying residence exemption for a disability support pension; or
 (iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person:
 (A) is not an Australian resident; and
 (B) is a dependent child of an Australian resident;
  and the person becomes an Australian resident while a dependent child of an Australian resident; and
 (d) one of the following applies:
 (i) the person is an Australian resident;
 (ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);
 (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.
Note: For Australian resident and qualifying Australian residence see section 7.

Person not qualified in certain circumstances
 (2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person's blindness, from:
 (a) the requirement to satisfy the activity test for the purposes of austudy payment; or
 (b) undertaking full‑time study (see section 541B); or
 (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.