Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:
(i) a determination under subsection 56ED(3), (4) or (5) suspending the person's service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person;
(ii) a determination under subsection 95D(3), (4) or (5) of the Social Security (Administration) Act 1999 suspending the person's age pension because the pension ceased to be payable to the person;
(iii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) of the Social Security (Administration) Act 1999 suspending the person's disability support pension because the person ceased to be qualified for the pension;
(iv) a determination under subsection 96(3), 97(3) or 97B(1) of the Social Security (Administration) Act 1999 suspending the person's disability support pension because the pension ceased to be payable to the person; and
(b) immediately before the event or change of circumstances, the person's partner was receiving a service pension, income support supplement or veteran payment; and
(c) the partner's pension, supplement or payment ceases to be payable to the partner because the rate of the partner's pension, supplement or payment is nil; and
(d) the partner's cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person's cessation of payability or qualification; and
(e) because of the partner's cessation of payability, the partner's pension, supplement or payment is to be, or has been, cancelled under section 56 or 56A.
Note: For suspensions when a person's partner has been receiving age pension, disability support pension or carer payment, see section 97C of the Social Security (Administration) Act 1999 .
Partner suspension determination
(2) The Commission may determine in writing that:
(a) the partner is to be treated as if section 56 or 56A does not apply or had not applied (as the case may be) to cancel the partner's pension, supplement or payment; and
(b) the partner's pension, supplement or payment is suspended.
Note: When a partner's pension or supplement ceases to be payable in the circumstances set out in subsection (1), the partner will generally continue to be eligible for fringe benefits for up to 2 years (see subsection 53A(5)).
(3) However, subsection (2) does not apply if:
(a) the determination referred to in paragraph (1)(a) suspended the person's partner service pension; and
(b) the partner was receiving income support supplement or veteran payment.
When suspension determinations take effect
(4) A determination under subsection (2) takes effect on the day on which, but for the determination, the partner's pension, supplement or payment would be cancelled under section 56 or 56A.
Cancellation of partner's pension, supplement or payment after 2 years
(5) If:
(a) the Commission makes a determination suspending the partner's pension, supplement or payment under subsection (2); and
(b) the determination continues in effect throughout the period of 2 years from its date of effect;
then, at the end of the period:
(c) the suspension ends; and
(d) the pension, supplement or payment is cancelled.
Note: The Commission may end a suspension if satisfied that the partner's pension, supplement or payment is payable to the partner (see section 56F).
Partner ceasing to be member of couple
(6) To avoid doubt, subsection (5) applies to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).