Secretary may require person or person’s partner to take action to obtain a comparable foreign pension
54BA Secretary may require person or person’s partner to take action to obtain a comparable foreign pension
If:
a person is receiving a service pension, income support supplement or a veteran payment; and
the Secretary is satisfied that the person may be entitled to a comparable foreign pension if the person applied for that pension;
the Secretary may give the person a notice that requires the person to take reasonable action to obtain the comparable foreign pension.
For the consequences of a failure to comply with the notice see section 56EB.
If:
a person is receiving a service pension, income support supplement or a veteran payment; and
the Secretary is satisfied that the person’s partner (if any) may be entitled to a comparable foreign pension if the partner applied for that pension;
the Secretary may give the person a notice that requires the partner to take reasonable action to obtain the comparable foreign pension.
For the consequences of a failure to comply with the notice see section 56EB.
A notice under subsection (1) or (1A):
must be in writing; and
must be given personally or by post; and
must specify the period within which the reasonable action is to be taken.
The period specified under paragraph (2)(c) must end at least 14 days after the day on which the notice is given.
For the purposes of this section, a person takes reasonable action to obtain a comparable foreign pension only if the person takes reasonable action to obtain the pension at the highest rate applicable to the person.
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