Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38je
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38JE
Character Range: 482999–484709

38JE  Secretary may require claimant or claimant's partner to take action to obtain a comparable foreign pension
 (1) If:
 (a) a person has claimed a partner service pension; and
 (b) the Secretary is satisfied that the claimant may be entitled to a comparable foreign pension if the claimant applied for that pension;
the Secretary may give the claimant a notice that requires the claimant to take reasonable action to obtain the comparable foreign pension.
 (1A) If:
 (a) a person has claimed a partner service pension; and
 (b) the Secretary is satisfied that the claimant's partner (if any) may be entitled to a comparable foreign pension if the partner applied for that pension;
the Secretary may give the claimant a notice that requires the partner to take reasonable action to obtain the comparable foreign pension.
 (2) A notice under subsection (1) or (1A):
 (a) must be in writing; and
 (b) must be given personally or by post; and
 (c) must specify the period within which the reasonable action is to be taken.
 (3) The period specified under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.
 (4) The Commission may reject a claim if:
 (a) the claimant is given a notice under subsection (1) or (1A); and
 (b) the Commission is satisfied that the claimant, or the claimant's partner, has not taken reasonable action to obtain the comparable foreign pension within the period specified in the notice.
 (5) For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.

Subdivision C—Investigation of claim