Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 151

             (1)  A wife pension is not payable to a woman if the woman is already receiving a service pension.

             (2)  If:

                     (a)  a woman is receiving a wife pension; and

                     (b)  another social security pension or a social security benefit or service pension becomes payable to the woman;

the wife pension is not payable to the woman.

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

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

             (3)  A wife pension is not payable to a person who:

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

                     (b)  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; and

                     (c)  is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

             (4)  Subsection (3) does not apply if:

                     (a)  the person:

                              (i)  was on 20 March 1995 receiving; and

                             (ii)  has from that day continuously received; and

                            (iii)  is receiving;

                            the wife pension; and

                     (b)  the person elected under subsection 45E(2) of the Veterans' Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the wife pension.

             (5)  Subsection (3) does not apply if:

                     (a)  before 20 March 1995, the person had made a claim for wife pension; and

                     (b)  the person elected under subsection 45F(2) of the Veterans' Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and

                     (c)  on or after 20 March 1995, the person was granted wife pension; and

                     (d)  the person has since that time continued to receive, and is receiving, the pension.

             (6)  Subsection (3) does not apply if:

                     (a)  before 20 March 1995:

                              (i)  the person had made a claim for wife pension; and

                             (ii)  the claim had been rejected; and

                            (iii)  the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

                     (b)  the person elected under subsection 45G(2) of the Veterans' Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and

                     (c)  on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted wife pension; and

                     (d)  the person has since that time continued to receive, and is receiving, the pension.

             (7)  A wife pension is not payable to a woman who:

                     (a)  is an armed services widow; and

                     (b)  has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA; and

                     (c)  is receiving income support supplement or would be eligible for income support supplement if she made a claim under section 45I of the VEA.

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

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