Claimant must be Australian resident and in Australia
38H Claimant must be Australian resident and in Australia
Subject to subsection (2), a claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:
an Australian resident; and
in Australia;
on the day on which the claim is lodged.
For Australian resident see section 5G.
Subsection (1) does not apply to a person’s claim if:
the person is outside Australia and is receiving:
age service pension; or
invalidity service pension; or
veteran payment; or
a social security pension; and
the person would, if that pension or payment were cancelled, be eligible for partner service pension.
If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 38), the person’s eligibility for partner service pension is not affected.
For social security pension see subsection 5Q(1).
This Act’s bill:Second reading speech
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