Claimant must be Australian resident and in Australia

In force

(1)

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:

(a)

an Australian resident; and

(b)

in Australia;

on the day on which the claim is lodged.

Note:

For Australian resident see section 5G.

(2)

Subsection (1) does not apply to a claim if the person making the claim, or on whose behalf the claim is being made:

(a)

is outside Australia; and

(b)

is receiving a service pension, a veteran payment or a social security pension; and

(c)

would, if that pension or payment were cancelled, be eligible for income support supplement.

Note:

If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (see section 36), the person’s eligibility is not affected.

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45M Claimant must be Australian resident and in Australia