Social Security Act 1991

A disability support pension is not payable to a person if the person is already receiving a service pension or a veteran payment.

If:

a person is receiving a disability support pension; and

another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person;

Another payment type will generally not become payable to the person until the person claims it.

Social security benefit includes jobseeker payment.

A disability support pension is not payable to a person who:

is an armed services widow or an armed services widower; and

is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

Subsection (3) does not apply if:

the person:

was on 20 March 1995 receiving; and

has from that day continuously received; and

is receiving;

the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the disability support pension.

Subsection (3) does not apply if:

before 20 March 1995, the person had made a claim for disability support pension; and

the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and

on or after 20 March 1995, the person was granted disability support pension; and

the person has since that time continued to receive, and is receiving, the pension.

Subsection (3) does not apply if:

before 20 March 1995:

the person had made a claim for disability support pension; and

the claim had been rejected; and

the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

the person elected under subsection 45G(2) of the Veterans’ Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and

on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted disability support pension; and

the person has since that time continued to receive, and is receiving, the pension.

A disability support pension is not payable to a person who:

is an armed services widow or an armed services widower; and

is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and

is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.

For armed services widow and armed services widower see subsection 4(1).

For MRCA and VEA see subsection 23(1).