Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 771

             (1)  In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless:

                     (a)  the person's claim for the allowance:

                              (i)  was lodged before 20 September 2003; or

                             (ii)  is taken, because of the operation of section 13 or 15 of the Administration Act, to have been made before 20 September 2003; and

                     (b)  the person was qualified for the allowance:

                              (i)  in a case to which subparagraph (a)(i) applies--on the date of lodgment of the claim; and

                             (ii)  in a case to which subparagraph (a)(ii) applies--on the date the person is taken to have made the claim.

             (2)  Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

             (3)  Nothing in this section affects the operation of section 85 of the Administration Act.