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s 23

Pensioners eligible to apply for registration

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23 Pensioners eligible to apply for registration

(1)

Subject to this Act, a person is eligible to apply to the administrative authority to have their entitlement as regards any land registered if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26, so long as —

(a)

that person is the holder of a pensioner concession card; and

[(b) deleted]

(c)

unless the person is permanently blind, the person does not possess income or assets of a value in excess of that permitted by any prescribed means test applicable.

(1a)

The regulations may provide that a person of a prescribed class is not eligible to make an application under subsection (1) despite being the holder of a pensioner concession card.

(2)

Subject to this Act, a person is eligible to apply to the administrative authority to have their entitlement as regards any land registered if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26, so long as under the Veterans’ Entitlements Act 1986 of the Commonwealth that person is —

(a)

a veteran to whom, by reason of incapacity or blindness, a pension under section 24 or section 25 or a pension to which an extreme disablement adjustment applies under section 22(4) of that Act is payable; or

(b)

a veteran to whom or in respect of whom there is payable a pension or an allowance because that veteran has suffered or is suffering from pulmonary tuberculosis; or

(c)

a person who may, under section 86(1) of that Act, be provided with treatment under Part V of that Act as a dependant of a deceased veteran,

regardless of the income or assets of that person.

(3)

Subject to this Act, a person is eligible to apply to the administrative authority to have their entitlement as regards any land registered if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26, so long as by virtue of the operation of Part II of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 of the Commonwealth, that person is a person to whom is payable a pension as —

(a)

the widow of a member of the Forces; or

(b)

the unmarried mother of a deceased unmarried member of the Forces; or

(c)

the widowed mother of a deceased unmarried member of the Forces.

(4A)

Subject to this Act, a person is eligible to apply to the administrative authority to have their entitlement in relation to any land registered if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26, so long as under the Military Rehabilitation and Compensation Act 2004 (Commonwealth) that person —

(a)

meets the criteria listed in section 199(1) of that Act; or

(b)

is receiving a Special Rate Disability Pension under Chapter 4 Part 6 of that Act instead of compensation worked out under Chapter 4 Part 4 Division 2 of that Act; or

(c)

under section 284 of that Act, is entitled to be provided with treatment under Chapter 6 Part 3 of that Act,

regardless of the income or assets of that person.

(4)

Subject to this Act, a person who is the holder of both a seniors’ card and a Commonwealth seniors health card is eligible to apply to the administrative authority to have their entitlement as regards any land registered if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26.

(5)

A person is eligible to apply to the administrative authority to have their entitlement as regards any land registered, if a prescribed charge is payable on that land, on sufficient evidence of eligibility being accepted by the administrative authority under section 26, so long as —

(a)

the person is related to a disabled person who occupies the land as his or her ordinary place of residence; and

(b)

no owner of the land occupies the land.

(6)

For the purposes of subsection (5)(a) —

(a)

the following persons are related to a disabled person —

(i)

a parent or grandparent of the disabled person;

(ii)

a brother or sister of the disabled person;

and

(b)

an illegitimate person is to be treated as the legitimate child of that person’s parents; and

(c)

it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law.

(7)

In this section —

disabled person means a person who —

(a)

receives a disability support pension under the Social Security Act 1991 (Commonwealth) Part 2.3; or

(b)

is under 16 years of age and is cared for by a parent or guardian, within the meaning given in the Social Security Act 1991 (Commonwealth), who receives a carer payment under Part 2.5 of that Act in respect of that care.

[Section 23 amended: No. 25 of 1993 s. 5 and 18; No. 3 of 2001 s. 6; No. 9 of 2005 s. 7; No. 31 of 2006 s. 32; No. 13 of 2007 s. 9; No. 30 of 2008 s. 22; No. 29 of 2012 s. 35.]

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