Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 50

50. Section 135U of the Principal Act is repealed and the following section is
substituted: Special temporary allowance

"135U. (1) In this section-
'pension' means-

   (a)  a pension under Part III;

   (b)  a benefit under Part IVAAA;

   (c)  an allowance under Part VIIA or a rehabilitation allowance under Part
        VIII;

   (d)  a service pension under the Repatriation Act 1920; or

   (e)  an allowance under section 9 of the Tuberculosis Act 1948,
and includes an allowance under section 133JA, a remote area allowance under
Part IIA or a remote area allowance under section 98AA of the Repatriation Act
1920;
'pensioner' means a person in receipt of-

   (a)  a pension under Part III;

   (b)  a benefit under Part IVAAA where the person is a person referred to in
        paragraph (b) of the definition of 'married person' in sub-section
        83AAA (1); or

   (c)  a service pension under the Repatriation Act 1920,
and includes a person who would, but for section 133N, sub-section 135B (3) or
135TJ (1A) of this Act or paragraph 86 (1) (ba) of the Repatriation Act 1920,
be eligible to receive a pension or benefit referred to in paragraph (a), (b)
or (c);
'prescribed pensioner' means a person in receipt of a service pension under
the Repatriation Act 1920 or an allowance under section 9 of the Tuberculosis
Act 1948.



"(2) Where-

   (a)  the spouse of a married person who is a pensioner (other than a
        prescribed pensioner) dies; and

   (b)  the spouse was, immediately before the death of the spouse, a
        pensioner, this section applies to the person during the period of 12
        weeks commencing on the day after the date of death of the spouse.

"(3) Subject to this section, during any period during which this section
applies to a person-

   (a)  the amount per fortnight of pension (if any) under this Act that would
        have been payable to the person if the person's spouse had not died
        continues to be payable to the person; and

   (b)  a special temporary allowance of an amount equal to the amount (if
        any) per fortnight of pension that would have been payable to the
        person's spouse if the spouse had not died is payable to the person.



"(4) For the purposes of sub-section (3), the amount of pension that would
have been payable to a person or to the person's spouse shall be calculated as
if the person and the person's spouse were living together.

"(5) During any period during which this section applies to a person, the
person is not entitled to receive a widow's pension under Part IV, or a
supporting parent's benefit under Part IVAAA where the person was not
qualified to receive that benefit before the death of the person's spouse.

"(6) Where the amount per fortnight payable to a person under sub-section (3)
is less than the amount per fortnight (in this sub-section referred to as the
'relevant amount') of pension that would, if this section did not apply to the
person, be payable to the person, the amount per fortnight payable to the
person under sub-section (3) is the relevant amount.".