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SOCIAL SECURITY ACT 1991 - SECT 787

Multiple entitlement exclusion

  (1)   A special needs pension is not payable to a person if the person is already receiving a service pension or a veteran payment.

  (2)   If:

  (a)   a person is receiving a special needs pension; and

  (b)   another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person;

the special needs pension is not payable to the person.

Note 1:   Another payment type will generally not become payable to the person until the person claims it.

Note 2:   For social security pension and social security benefit see subsection   23(1).

  (3)   A special needs pension is not payable to a woman if:

  (a)   the woman is an armed services widow; and

  (b)   the woman is receiving a pension under Part   II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection   30(1) of that Act.

Note:   For armed services widow see subsection   4(1).

  (4)   A special needs pension is not payable to a man if:

  (a)   the man is an armed services widower; and

  (b)   the man is receiving a pension under Part   II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to subsection   30(1) of that Act.

Note:   For armed services widower see subsection   4(1).

  (5)   A special needs pension is not payable to a person if:

  (a)   the person is an armed services widow or an armed services widower; and

  (b)   the person is receiving the weekly amount mentioned in paragraph   234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section   236 of the MRCA) or has received a lump sum mentioned in subsection   236(5) of the MRCA.

Note 1:   For armed services widow and armed services widower see subsection   4(1).

Note 2:   For MRCA see subsection   23(1).



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