Commonwealth Numbered Acts

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SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 779

Special needs pension not payable in some circumstances
779. (1) Even though a person is qualified for a special needs pension, the
pension may not be payable to the person because:

   (a)  the pension has not commenced to be payable (see sections 780 to 782
        and 797); or

   (b)  of a compensation preclusion period (see Part 3.14); or

   (c)  the person is in gaol (see Part 3.13); or

   (d)  the person is receiving another pension or benefit (see section 787);
        or

   (e)  the person's failure to comply with a requirement under section 788 to
        have a medical examination.

(2) A special needs pension is not payable to a person if the person's special
needs pension rate would be nil. Note: a person whose rate might otherwise be
nil under Pension Rate Calculator A or C may not have a nil rate after the
application of the financial hardship provisions (sections 1129 and 1130). 


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