Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
45G Review of decision rejecting a claim by war widower or war widow for social security pension pending at commencement of Part
This section applies to a war widower or war widow if:
before the day (commencing day) on which this Part commences, he or she had made a claim for a social security pension, and the claim had been rejected, under the Social Security Act; and
on the commencement of this Part:
the decision to reject the claim (or a decision confirming the decision) is still subject to review following an application for review under Chapter 6 of the Social Security Act; or
an application for review of the decision to reject the claim (or of a decision confirming the decision) may still be made under Chapter 6 of that Act, as a result of which a favourable determination may be made under that Act that will take effect (if made) as provided under whichever backdating provision is applicable to the determination.
A person to whom this section applies may, on the commencing day, elect to receive the social security pension in the event that it is granted to him or her at the end of the review process.
If the social security pension is granted, the person is, as a result of that election, precluded from receiving income support supplement under this Part (see section 45D) for as long as the social security pension continues to be payable to the person.
If:
a person to whom this section applies has failed to make an election under subsection (2); and
the Commission is satisfied that the person was unable to make the election because of circumstances beyond his or her control (for example, because of a person’s incapacity or absence from Australia);
the Commission may determine that the person is to be taken for the purposes of this Act to have elected to receive the social security pension in the event that it is granted to him or her.
In this section:
backdating provision, in relation to a determination under the Social Security Act relating to a social security pension, means:
in the case of an age pension—subsection 80(2) or (4) of the Social Security Act; or
in the case of a disability support pension—subsection 115(2) or (4) of the Social Security Act; or
in the case of a wife pension—subsection 184(2) or (4) of the Social Security Act; or
in the case of a carer payment—subsection 209(2) or (4) of the Social Security Act; or
in the case of disability wage supplement—subsection 431(2) or (4) of the Social Security Act.
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