Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) either:
(i) a service pension, income support supplement or a veteran payment is not payable to a person because of the application of an assets test; or
(ii) a person's service pension rate, income support supplement rate or veteran payment rate is determined by the application of an assets test; and
(b) either:
(i) sections 48B and 48C (disposal of income) and 52G, 52H, 52JA, 52JB, 52JC and 52JD (disposal of assets) do not apply to the person; or
(ii) the Commission determines in writing that the application of those sections to the person should, for the purposes of this section, be disregarded; and
(c) the person, or the person's partner, has an unrealisable asset; and
(d) the person lodges, at an office of the Department in Australia in accordance with section 5T, a written request that this section apply to the person; and
(e) the Commission is satisfied that the person would suffer severe financial hardship if this section did not apply to the person;
the Commission must determine in writing that this section applies to the person.
Note: For unrealisable asset see subsections 5L(11) and (12).
(2) If a request is lodged under paragraph (1)(d), the Secretary:
(a) must investigate the matters that the request relates to; and
(b) must, when the investigation is complete, submit to the Commission for its consideration:
(i) the request; and
(ii) the evidence that the person who made the request provided in support of the request; and
(iii) any documents that are relevant to the request and are under the Department's control (including any evidence or documents relevant to the request that are obtained in the course of the investigation).
(3) A determination under subsection (1) takes effect:
(a) on the day on which the request under paragraph (1)(d) was lodged; or
(b) if the Commission so determines in the special circumstances of the case--on a day not more than 6 months before the day referred to in paragraph (a).