Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1983 No. 69, 1983 - SECT 39

39. Section 135U of the Principal Act is amended-

         (a)  by omitting from paragraph (1) (a) ''Division 4A of that Part''
and substituting ''that Part and a remote area allowance under Part IIA'';

   (b)  by inserting after sub-section (1) the following sub-section:

''(1A) Where-

   (a)  a person is receiving a supporting parent's benefit under Part IVAAA
        by reason of the person being a person referred to in paragraph (b) of
        the definition of 'married person' in sub-section 83AAA (1);

   (b)  the spouse or de facto spouse of the person is in receipt of-

        (i)    a pension under Part III; or

        (ii)   a service pension under Division 5 of Part III of the
               Repatriation Act 1920; and

   (c)  the person referred to in paragraph (a) or the spouse or de facto
        spouse of that person dies,

the widow or widower of the deceased person shall be paid, in addition to the
pension or benefit (in this sub-section referred to as the 'relevant pension
or benefit') payable to the widow or widower, a pension at a rate equal to the
difference between the rate of the relevant pension or benefit and an amount
equal to the sum of the rates of pension under Part III that would have been
payable to the widow or widower and to the deceased person if the deceased
person had not died, if both of those persons were qualified to receive such a
pension and if they were living together in a matrimonial home.'';

   (c)  by omitting from sub-section (3) ''the provisions of section 133N,''
        and substituting ''section 133N'';

   (d)  by omitting from sub-section (4) ''the provisions referred to in that
        sub-section'' and substituting ''section 133N or sub-section 135B
        (3)'';

   (e)  by omitting from paragraphs (5) (b) and (6) (b) ''the provisions
        referred to in that sub-section'' and substituting ''section 133N or
        sub-section 135B (3)''; and

   (f)  by inserting in sub-section (6) ''(not being a person to whom
sub-section (1A) applies)'' after ''widower''.