SOCIAL SECURITY ACT 1991 - SECT 735 Multiple entitlement exclusion

SOCIAL SECURITY ACT 1991 - SECT 735

  (1)   Special benefit is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment.

  (2)   If:

  (a)   a person is receiving special benefit; and

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

the special benefit 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)   Special benefit 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;

unless:

  (c)   the woman has been receiving a payment referred to in paragraph   (b) continuously since before 1   November 1986; and

  (d)   before 1   November 1986 the woman was also receiving a social security benefit.

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

  (4)   Special benefit 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)   Special benefit 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).