Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 43

  (1)   A person is qualified for an age pension if the person has reached pension age and any of the following applies:

  (a)   the person has 10 years qualifying Australian residence;

  (b)   the person has a qualifying residence exemption for an age pension;

  (c)   the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age;

  (d)   if the person reached pension age before 20   March 1997--the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20   March 1997.

Note 1:   For qualifying Australian residence see section   7.

Note 2:   For pension age see subsections   23(5A), (5B) (5C) and (5D).

  (1A)   A woman is qualified for an age pension if:

  (a)   the woman has reached pension age; and

  (b)   the woman's partner has died; and

  (c)   both the woman and her partner were Australian residents when her partner died; and

  (d)   the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for the age pension.

  (1B)   A woman is qualified for an age pension if:

  (a)   immediately before 20   March 2020:

  (i)   the woman was receiving a wife pension under Part   2.4; or

  (ii)   the woman was receiving a wife pension under a scheduled international social security agreement; and

  (b)   immediately before 20   March 2020, the woman was not receiving carer allowance under Part   2.19; and

  (c)   the woman has reached pension age; and

  (d)   the woman is not otherwise qualified for an age pension.

Note:   For pension age see subsections   23(5A), (5B) (5C) and (5D).

  (1C)   A woman is qualified for an age pension if:

  (a)   the woman was receiving widow allowance immediately before 1   January 2022; and

  (b)   the woman is not otherwise qualified for an age pension.

  (3)   Subsection   (1) has effect subject to subsection   6(3) of the Social Security (International Agreements) Act 1999 .

  (4)   A woman is qualified for an age pension if:

  (a)   the woman was receiving a special needs widow B pension under Part   2.16 immediately before 20   March 2020; and

  (b)   the woman is not otherwise qualified for an age pension.