Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 45N

             (1)  This section applies to:

                     (a)  a war widower or war widow:

                              (i)  to whom section 45E applies; and

                             (ii)  who has not made, or is not taken to have made, an election under subsection 45E(2); and

                     (b)  a war widower or war widow:

                              (i)  to whom section 45F or 45G applies; and

                             (ii)  who has not made, or is not taken to have made, an election under subsection 45F(2) or 45G(2) (as the case may be); and

                            (iii)  to whom a social security pension is granted; and

                   (ba)  a war widower or war widow who:

                              (i)  is granted a pension under Part II or Part IV, at a rate determined under or by reference to subsection 30(1), on or after the commencement of Part 3 of Schedule 1 to the Veterans' Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 ; and

                             (ii)  immediately before being granted the pension was receiving an age pension under Part 2.2 of the Social Security Act from the Department, acting on behalf of the Commonwealth, under an arrangement with the Department administered by the Minister administering that Part; and

                   (bb)  a war widow who:

                              (i)  is granted a pension under Part II or Part IV, at a rate determined under or by reference to subsection 30(1), on or after the commencement of Part 3 of Schedule 1 to the Veterans' Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 ; and

                             (ii)  immediately before being granted the pension was receiving a wife pension under Part 2.4 of the Social Security Act from the Department, acting on behalf of the Commonwealth, under an arrangement with the Department administered by the Minister administering that Part; and

                            (iii)  has reached the qualifying age; and

Note:       For qualifying age see section 5Q.

                     (c)  a war widower or war widow who, immediately before being granted a pension under Part II or Part IV at a rate determined under or by reference to subsection 30(1), was receiving a partner service pension; and

                     (d)  a war widower or war widow who, immediately before receiving a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or a weekly amount mentioned in that paragraph, was receiving a partner service pension.

             (2)  A person to whom this section applies does not have to make a proper claim under section 45I to be entitled to income support supplement unless the Commission asks him or her to do so.

             (3)  If this section applies to the person other than because of paragraph (1)(ba) or (bb) and the person is not required by the Commission to make a claim for income support supplement, this Act applies to the person as if:

                     (a)  the person had made a claim for income support supplement under section 45I on the day on which this Part commenced; and

                     (b)  the Commission had, on that day, determined under section 45Q that the claim was to be granted.

             (4)  If this section applies to the person because of paragraph (1)(ba) or (bb), and the person is not required by the Commission to make a claim for income support supplement, this Act applies to the person as if:

                     (a)  the person had made a claim for income support supplement under section 45I on the day on which the person was granted the pension under Part II or Part IV; and

                     (b)  the Commission had, on that day, determined under section 45Q that the claim was to be granted.