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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 46
Provisional commencement day General rule
46. (1) Subject to subsections (2) and (3), a person's provisional
commencement day is the day on which the person claims the age pension.
Initial incorrect claim followed by claim for age pension
(2) If:
(a) a person makes a claim (in this subsection called the "initial claim")
for:
(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or
under a program administered by the Commonwealth, that is similar in
character to an age pension; and
(b) on the day on which the person makes the initial claim, the person is
qualified for an age pension; and
(c) the person subsequently makes a claim for an age pension; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to the person; the person's provisional commencement day is
the day on which the person made the initial claim. Early claim
(3) If:
(a) a person lodges a claim for an age pension; and
(b) the person is not, on the day on which the claim is lodged, qualified
for an age pension; and
(c) the person becomes qualified for an age pension sometime during the
period of 3 months that starts immediately after the day on which the
claim is lodged; the person's provisional commencement day is the
first day on which the person is qualified for the pension and is an
Australian resident and in Australia.
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