Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_1185
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 1185
Character Range: 43251–44727

1185  Special provision for certain recipients of dependency‑based payments

 (1) This section applies to a person if:
 (a) the person is a member of a couple; and
 (b) the person was a member of the same couple immediately before 20 September 2001; and
 (c) the person's partner was receiving a compensation affected payment immediately before 20 September 2001; and
 (d) the person was receiving a dependency‑based payment immediately before 20 September 2001; and
 (e) the person was born on or before 1 July 1955.

 (2) If this section applies to a person, the following paragraphs have effect:
 (a) the dependency‑based payment does not cease to be payable to the person only because the person's partner receives periodic compensation payments;
 (b) in spite of Division 3, the person continues to be qualified for the dependency‑based payment to the same extent as he or she would have if the person's partner had not received the payments of compensation.

 (3) Paragraph (2)(b) does not prevent a dependency‑based payment being cancelled, or ceasing to be payable, under a provision of the social security law, other than a provision of this Part.

 (4) Paragraph (2)(b) does not prevent the rate of a dependency‑based payment being reduced or cancelled under the social security law because of the operation of section 1174.

 (5) In this section:

dependency‑based payment means:
 (a) wife pension; or
 (b) mature age partner allowance; or
 (c) partner allowance.