Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1185

             (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.