Restoration of pension entitlement if lost due to remarriage
8A Restoration of pension entitlement if lost due to remarriage
If a person’s pension under section 7 or 8 ceased to be payable before the commencement day because the person remarried, the person may apply to the Minister for the pension to be restored.
If the Minister is satisfied that:
the person is in need; or
the restoration of the person’s pension is otherwise justified;
the Minister may direct in writing that the person’s pension is to be restored.
The Minister may direct that the person’s pension is to be restored from a day before the application day if he or she is satisfied that there are special circumstances that justify restoration of the pension from that earlier day.
The Minister must not specify a day under subsection (3) that is before the commencement day.
If the Minister gives a direction under subsection (2), the person’s pension is restored:
from and including the day specified in the direction; or
if no day is specified in the direction, from and including the application day.
In this section:
application day means the day on which the application under subsection (1) was made.
commencement day means the day on which the Law and Justice Legislation Amendment Act (No. 2) 1992 commences.
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