Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 115, 1991 - SECT 35

35. Sections 1215 and 1216 of the Principal Act are repealed and the following
sections are substituted: Certain pensions of non-Australian residents
generally not portable

"1215. (1) Subject to subsection (2), a woman who has never been an Australian
resident is not qualified for a:

   (a)  wife pension; or

   (b)  widow B pension; or

   (c)  special needs wife pension; or

   (d)  special needs widow B pension.

"(2) Subject to subsection (3), if a woman:

   (a)  has never been an Australian resident; and

   (b)  was in receipt of:

   (i)  a wife pension; or

   (ii) a widow B pension; or

   (iii) a special needs wife pension; or

   (iv) a special needs widow B pension; under the Social Security Act 1947
        before 1 July 1990; and

   (c)  is in a specified foreign country on 1 July 1991; she is not
        disqualified for that pension from 1 July 1991.

"(3) If a woman to whom subsection (2) applies:

   (a)  enters a country that is not a specified foreign country; or

   (b)  is in a country when it ceases to be a specified foreign country; she
        is disqualified for that pension as from the time:

   (c)  she enters the country; or

   (d)  the country ceases to be a specified foreign country; as the case may
        be.

"(4) Subsection (3) does not apply if the woman enters, or is in, a country as
a transit passenger on an unbroken journey between 2 specified foreign
countries. Note 1: for `Australian resident' see subsection 7 (2). Note 2: for
`specified foreign country' see subsections 23 (1) and 38 (1). Certain
pensions generally portable for 12 months only

"1216. Subject to section 1216B, if:

   (a)  a woman has been an Australian resident; and

   (b)  she has been outside Australia continuously for a period of 12 months;
        and

   (c)  on the day after the 12 month period ends, she is not in Australia or
        a specified foreign country; she is disqualified for:

   (d)  wife pension; and

   (e)  widow B pension; and

   (f)  special needs wife pension; and

   (g)  special needs widow B pension; as from that day. Note 1: for the
        period of 12 months after the woman leaves Australia, her right to
        continue receiving the pension referred to in this section will not be
        affected by her leaving Australia as long as she has complied with the
        departure certificate requirements (see sections 1218 and 1219) and if
        necessary has been an Australian resident for 12 months immediately
        before leaving Australia (see section 1220). Note 2: because this
        section commences on 1 July 1991, a woman who has been outside
        Australia since 1 July 1990 and is not in Australia or a specified
        foreign country on 1 July 1991 becomes disqualified for the pension
        referred to in this section from 1 July 1991 unless section 1216B
        applies to her. Note 3: this section applies to a woman who
        transferred to, or was granted, a pension referred to in this section
        after leaving Australia. Note 4: if a woman lodges a claim for the
        pension before leaving Australia and the pension is granted to her
        after she has left Australia, she is to be taken to have been
        receiving the pension as from the earliest day on which the pension is
        payable to her (see subsection 23 (2)). Note 5: this section may not
        apply if a scheduled international social security agreement makes
        provision inconsistent with this section. Note 6: for `Australian
        resident' see subsection 7 (2). Note 7: for `specified foreign
        country' see subsections 23 (1) and 38 (1). Note 8: for effects of a
        person returning to Australia see section 1217. Certain pensions may
        be portable after 12 months if recipient in specified foreign country

"1216A. (1) If:

   (a)  a woman has been an Australian resident; and

   (b)  she has been outside Australia continuously for a period of 12 months;
        and

   (c)  on the day after the 12 month period ends, she is in Australia or a
        specified foreign country; she is not disqualified for:

   (d)  wife pension; or

   (e)  widow B pension; or

   (f)  special needs wife pension; or

   (g)  special needs widow B pension; after the 12 month period ends.

"(2) Subject to section 1216B, if, after the 12 month period ends, the woman:

   (a)  enters a country that is not a specified foreign country; or

   (b)  is in a country when it ceases to be a specified foreign country; she
        is disqualified for that pension as from the time:

   (c)  she enters the country; or

   (d)  the country ceases to be a specified foreign country; as the case may
        be.

"(3) Subsection (2) does not apply if the woman enters, or is in, a country as
a transit passenger on an unbroken journey between 2 specified foreign
countries. Note 1: for the period of 12 months after the woman leaves
Australia her right to continue receiving the pension referred to in this
section is not affected by her leaving Australia. Note 2: if a woman lodges a
claim for the pension before leaving Australia and the pension is granted to
her after she has left Australia, she is to be taken to have been receiving
the pension as from the earliest day on which the pension is payable to her
(see subsection 23 (2)). Note 3: this section applies to a woman who
transferred to, or was granted, a pension referred to in this section after
leaving Australia. Note 4: this section may not apply if a scheduled
international social security agreement makes provision inconsistent with this
section. Note 5: for `specified foreign country' see subsections 23 (1) and 38
(1). Note 6: for effects of a person returning to Australia see section 1217.
Some women not affected by sections 1216 and 1216A

"1216B. (1) A woman's qualification for a:

   (a)  wife pension; or

   (b)  widow B pension; or

   (c)  special needs wife pension; or

   (d)  special needs widow B pension; is not affected by her being outside
        Australia while an entitled person.

"(2) In this section: `allegation authority' means:

   (a)  the Greek Australian Workers' Welfare Association (NSW); or

   (b)  the Commission of Enquiry established by Letters Patent of 9 February
        1984 and 16 August 1984 to investigate matters known as the Greek
        conspiracy; `entitled person' means:

   (a)  a woman who was an Australian resident for at least 10 years; or

   (b)  a woman in receipt of a widow B pension because she was legally
        married and her husband has died; or

   (c)  a woman who was, or is the partner of a man who was, the subject of a
        recommendation by an allegation authority that resulted in payment of
        an amount of compensation by the Commonwealth to her or her partner.
        Note: for `Australian resident' see subsection 7 (2).".