Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1215

1215. If:

   (a)  a person is receiving:

        (i)    a wife pension; or

        (ii)   a widow B pension; and

   (b)  the person leaves Australia on or after 1 July 1990; and

   (c)  the person continues to be absent from Australia for a period of 12
        months; and

   (d)  on the day after the 12 month period ends the person is not in a
        specified foreign country; the person ceases to be qualified for wife
        or widow B pension on the day after the 12 month period ends. Note 1:
        for the period of 12 months after the person leaves Australia, the
        person's right to continue receiving a wife or widow B pension will
        not be affected by the person leaving Australia as long as the person
        has complied with the departure certificate requirements (see sections
        1218 and 1219) and has been an Australian resident for 12 months
        immediately before leaving Australia (see section 1220). Note 2: this
        section only applies to a wife or widow B pension and does not apply
        to a special needs wife or widow B pension. Note 3: if a person lodges
        a claim for the pension before leaving Australia and the pension is
        granted to the person after the person has left Australia, the person
        is to be taken to have been receiving the pension as from the earliest
        day on which the pension is payable to the person (see subsection 23
        (2)). Note 4: this section may not apply if a scheduled international
        social security agreement makes provision inconsistent with this
        section.
Note 5: for "specified foreign country" see subsections 23 (1) and 38 (1).
Note 6: for effects of a person returning to Australia see section 1217.