Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5e:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5E (pt 2/3)
Character Range: 46764–49312

veteran or person; and
 (b) who:
 (i) is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
 (ii) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
 (iii) is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i).
wholly dependent partner has the meaning given by the MRCA.
widow means:
 (a) a woman who was the partner of a person immediately before the person died; or
 (b) a woman who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.
widower means:
 (a) a man who was a partner of a person immediately before the person died; or
 (b) a man who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.

Member of a couple—general
 (2) A person is a member of a couple for the purposes of this Act if:
 (a) the person is legally married to another person and is not living separately and apart from the other person on a permanent basis; or
 (aa) both of the following conditions are met:
 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
 (ii) the person is not living separately and apart from the other person on a permanent basis; or
 (b) all of the following conditions are met:
 (i) the person is living with another person, whether of the same sex or a different sex (in this paragraph called the partner);
 (ii) the person is not legally married to the partner;
 (iii) the person and the partner are, in the Commission's opinion (formed as mentioned in section 11A), in a de facto relationship;
 (iv) the person and the partner are not within a prohibited relationship.
Note 1: For living with a person see subsection (3).
Note 3: Subsection 5R(5) (determination in relation to an illness separated couple) is a qualification to the definition of a member of a couple.
Note 4: Subsection 5R(6) (determination in relation to