Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 94

94. (1) A person is qualified for an invalid pension if:

   (a)  the person is permanently incapacitated for work; and

   (b)  the degree of the incapacity for work is 85% or more; and

   (c)  50% or more of the incapacity for work is directly caused by a
        physical or mental impairment; and

   (d)  the person has turned 16 and is under the pension age; and

   (e)  the person either:

        (i)    is an Australian resident at the time when the person first
               satisfies paragraphs (a), (b) and (c); or

        (ii)   has 10 years qualifying Australian residence; or

        (iii)  is born outside Australia and, at the time when the person
               first satisfies paragraphs (a), (b) and (c) the person:

                (A)  is not an Australian resident; and

                (B)  is a dependent child of an Australian resident; and the
                     person becomes an Australian resident while a
                     dependent child of an Australian resident.
Note: for "Australian resident" and "qualifying Australian residence" see
section 7. Permanent blindness

(2) A person is qualified for an invalid pension if:

   (a)  the person is permanently blind; and

   (b)  the person has turned 16 and is under the pension age; and

   (c)  the person either:

   (i)  is an Australian resident at the time when the person first satisfies
        paragraph (a); or

   (ii) has 10 years qualifying Australian residence; or

   (iii) is born outside Australia and, at the time when the person first
        satisfies paragraph (a), the person:

                (A)  is not an Australian resident; and

                (B)  is a dependent child of an Australian resident; and the
                     person becomes an Australian resident while a
                     dependent child of an Australian resident.
Note: for "Australian resident" and "qualifying Australian residence" see
section 7.

(3) Subsections (1) and (2) have effect subject to sections 1218 and 1219
(departure certificate requirements for people leaving Australia).

(4) A person is not qualified for an invalid pension on the basis of
incapacity or blindness if the person brought about the incapacity or
blindness with a view to obtaining an invalid pension.