Invalidity service pension may not be payable in some circumstances
37A Invalidity service pension may not be payable in some circumstances
Even though a veteran is eligible for an invalidity service pension, the pension may not be payable to the veteran because:
the pension has not commenced to be payable (see section 37B); or
the veteran is in gaol or in psychiatric confinement (see sections 55 and 55A); or
the veteran is receiving another pension (see section 37C); or
the pension is cancelled or suspended:
under this Act (see sections 56E, 56EA, 56J and 56K); or
under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999; or
See section 124E of the Social Security (Administration) Act 1999.
the person has not provided a tax file number for the person or the person’s partner (see section 128A); or
the person or the person’s partner is entitled to receive compensation (see Division 3 of Part IIIC).
Subject to subsections (3) and (4), an invalidity service pension is not payable to a veteran if the veteran’s invalidity service pension rate would be nil.
A veteran whose rate might otherwise be nil under the Rate Calculator may not have a nil rate after the application of the financial hardship provisions (sections 52Y and 52Z).
Subsection (2) does not apply to a veteran if the veteran’s rate would be nil merely because:
an election by the veteran under subsection 60A(1) is in force; or
the veteran has been paid an advance pharmaceutical allowance under Part 2.23 of the Social Security Act.
Subsection (2) does not apply to a veteran if the veteran’s rate is nil merely because of the operation of Part IVA.
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