Document ID: chunk:federal_register_of_legislation:C2024C00866:section:38h
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 38H
Character Range: 480577–481561

38H  Claimant must be Australian resident and in Australia
 (1) Subject to subsection (2), a claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:
 (a) an Australian resident; and
 (b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see section 5G.
 (2) Subsection (1) does not apply to a person's claim if:
 (a) the person is outside Australia and is receiving:
 (i) age service pension; or
 (ii) invalidity service pension; or
 (iia) veteran payment; or
 (iii) a social security pension; and
 (b) the person would, if that pension or payment were cancelled, be eligible for partner service pension.
Note 1: If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 38), the person's eligibility for partner service pension is not affected.
Note 2: For social security pension see subsection 5Q(1).