Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1161

             (1)  Subject to subsections (2) to (7), payments of a compensation affected payment are affected under this Part if:

                     (a)  whether the compensation was received before or after the commencement of this Part, the compensation affected payment is:

                              (i)  a newstart allowance in relation to which, under Subdivision BA of Division 1 of Part 2.12, the recipient of the allowance is not required to satisfy the activity test; or

                             (ii)   a sickness allowance; or

                            (iii)  a sickness benefit under the 1947 Act; or

                            (iv)  a rehabilitation allowance under the 1947 Act payable in place of sickness benefit under the 1947 Act; or

                     (b)  in the case of any other kind of compensation affected payment, the compensation was received on or after 1 May 1987 and the claim for the compensation affected payment was made on or after 1 May 1987.

             (2)  This Part applies to a pension PP (single) if:

                     (a)  the compensation was received on or after 20 March 1992; and

                     (b)  the claim for the pension was made on or after 20 March 1992.

             (3)  This Part applies to carer payment if:

                     (a)  the compensation was received on or after 1 January 1993; and

                     (b)  the claim for the carer payment was made on or after 1 January 1993.

             (4)  This Part applies to a mature age allowance or mature age partner allowance if:

                     (a)  the compensation was received on or after 20 March 1994; and

                     (b)  the claim for the allowance was made on or after 20 March 1994.

             (5)  This Part applies to partner allowance if:

                     (a)  the compensation was received on or after 20 September 1994; and

                     (b)  the claim for the allowance was made on or after 20 September 1994.

             (6)  This Part applies to age pension if:

                     (a)  the compensation was received on or after 20 March 1997; and

                     (b)  the person's provisional commencement day or start day for the age pension is on or after 20 March 1997.

          (6A)  Subject to section 1161A, this Part applies to a compensation affected payment to which paragraph (l), (m) or (n) of the definition of that expression in subsection 17(1) applies if:

                     (a)  the compensation is received on or after 1 July 2004; and

                     (b)  either:

                              (i)  if the compensation affected payment to which that paragraph applies is one in respect of which a claim must be made for a person to be qualified for the payment--a claim is made for the payment on or after 1 July 2004; or

                             (ii)  if the compensation affected payment to which that paragraph applies is not one in respect of which a claim must be made for a person to be qualified for the payment--the compensation affected payment is received on or after 1 July 2004.

             (7)  In spite of subsection (1), Division 4 does not apply to:

                     (a)  a disability support wife pension; or

                     (b)  a special needs disability support wife pension;

received by a person if:

                     (c)  the compensation was received by the person on or after 1 May 1987 but before 1 January 1994; and

                     (d)  the claim for the pension was made on or after 1 May 1987 but before 1 January 1994.