Document ID: chunk:federal_register_of_legislation:C2004A02787:body:0:p5
Version: federal_register_of_legislation:C2004A02787
Segment Type: other
Provision Reference: 
Character Range: 10367–13024

1984,
the Commission or a Board may determine that the claim shall be taken, for the purposes of that Act, to have been lodged on the day on which the person became so eligible.

Restrictions as to dual pensions
13. Section 86 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (b) "and" (last occurring); and
     (b) by inserting after paragraph (1) (b) the following paragraph:
          "(ba) a person is not entitled to receive at the same time a service pension and an allowance under section 9 of the Tuberculosis Act 1948; and".

Variation of rate of service pension according to income
14. (1) Section 87 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
     "(1) A service pension shall not be granted at a rate that exceeds the highest rate at which—
          (a) in a case to which paragraph (b) or (c) does not apply—an age pension;
          (b) if the grant is to be made to a woman by reason that she is the wife of a member—a wife's pension; or
          (c) if the grant is to be made to a man under section 85aa of this Act—a spouse carer's pension,
     could be payable to the service pensioner under Part III of the Social Security Act 1947 if the service pensioner were qualified to receive an age pension, a wife's pension or a spouse carer's pension, as the case may be, under that Part."; and
     (b) by inserting after sub-section (1c) the following sub-section:
     "(1d) Sub-section (1b) or (1c) does not apply to a claimant or pensioner if—
          (a) the claimant or pensioner would, but for sub-section 98aa (3), be eligible to receive an allowance under section 98aa; and
          (b) the sum of the amount of a fortnightly instalment of pension that would be payable to the claimant or pensioner if sub-section (1) were applicable to the claimant or pensioner and the amount per fortnight of allowance under section 98aa that would be payable to the claimant or pensioner if the

          claimant or pensioner were eligible to receive that allowance is greater than the amount of a fortnightly instalment of pension payable to the claimant or pensioner in accordance with sub-section (1b) or (1c).".
(2) Section 87 of the Principal Act is amended—
     (a) by omitting from sub-section (1b) the words and paragraphs after paragraph (c) and substituting the following:
     "the annual rate at which that pension is granted shall not be less than the rate at which an age pension could be payable to the person under Part III of the Social Security Act 1947 if the person were qualified to receive an age pension under that Part