Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 person's claim if:
(a) the person is outside Australia and is receiving:
(i) age service pension; or
(ii) invalidity service pension; or
(iia) veteran payment; or
(iii) a social security pension; and
(b) the person would, if that pension or payment were cancelled, be eligible for partner service pension.
Note 1: If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 38), the person's eligibility for partner service pension is not affected.
Note 2: For social security pension see subsection 5Q(1).