Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p32
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 32/35)
Character Range: 118106–120851

absent from Australia, he or she may not be eligible for pharmaceutical allowance during part of the absence (see points 41-CA1A, 42-DA1A, 43-DA1A, 44-CA1A and subsections 118A(2), (3) and (4);".

Eligibility for pharmaceutical allowance

51. Section 118A of the Principal Act is amended:

    (a) by omitting "A person" and substituting "Subject to subsections (2) and (3), a person";

    (b) by adding at the end the following subsections:

    "(2) If the person:

        (a) has notified the Department that he or she will be absent from Australia for a period of 12 months or more; or

        (b) has been absent from Australia for a period of 12 months or more;

    the person ceases to be eligible to receive the pharmaceutical allowance on and from the 1 January that first occurs after the person has left Australia.

    "(3) The person again becomes eligible to receive the pharmaceutical allowance on:

        (a) the day on which the person returns to Australia; or

        (b) the day on which the person notifies the Department of his or her return to Australia;

whichever is the later.

    "(4) Subsections (2) and (3) do not apply to a person who:

        (a) after notifying the Department that he or she will be absent from Australia for a period of 12 months or more, returns to Australia before the 1 January that first occurs after the person has left Australia; and

        (b) has notified the Department of his or her return to Australia before that 1 January.".

Division 11—Pension not payable because of nil rate

Rate increase determination

52. Section 56C of the Principal Act is amended:

    (a) by omitting the Note at the end of subsection (1);

    (b) by omitting subsection (2) and substituting the following subsections and Note:

    "(2) If:

        (a) a pension has not been, or is not being, paid to a person because the rate of the pension was determined to be nil; and

        (b) the Commission is satisfied that the rate of the person's pension as provided for by this Act is no longer nil;

    the Commission may determine that the rate at which the pension is payable to the person is the rate specified in the determination.

    "(3) A determination:

        (a) must be in writing; and

        (b) must specify a rate assessed as provided for by this Act.

    Note: For the date of effect of a determination under this section, see sections 56G and 56GA.".

Insertion of section

53. After section 56EA of the Principal Act the following section is inserted:

Cancellation determination where pension not payable

"56EJ3.(1) If a service pension is not payable to a person because the rate of the pension has been determined to be nil, the Commission may determine that the