Section 1065 — Social Security Act 1991: Rate of age and disability support pension (blind people)

(1) The rate of: (a) age pension payable to a person who is permanently blind; and (b) disability support pension payable to a person who: (i) is permanently blind; and (ii) has turned 21; and (c) disability support pension payable to a person who: (i) is permanently blind; and (ii) has not turned 21; and (iii) has one or more dependent children; is to be calculated in accordance with the Rate Calculator at the end of this section. Note 1: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation. Note 2: For dependent child see section 5. (3) Where: (a) a person who is permanently blind has a relationship with another person, whether of the same sex or a different sex (other person); and (b) the relationship between them is a de facto relationship in the Secretary’s opinion (formed after the Secretary has had regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e) and subsection 4(3A)); (c) either or both of them are under the age of consent applicable in the State or Territory in which they are living; the rate of pension payable to the person who is permanently blind is not to exceed the rate at which it would be payable to the person if the other person were the person’s partner. Note: This provision has the effect of taking into account the ordinary income, maintenance income and assets of the partner in applying the ordinary income test, maintenance income test and assets test respectively. Rate limited for certain armed services widows (4) If: (a) an armed services widow is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (b) an age or disability support pension is payable to the widow; the rate of pension payable to the widow is not to exceed: (c) if: (i) the widow has been receiving the payment referred to in paragraph (a) continuously since before 1 November 1986; and (ii) immediately before 1 November 1986, the widow was receiving a payment referred to in paragraph (b) at a rate exceeding $3,247.40; and (iii) the pension referred to in paragraph (b) is of the same type as the one which was payable to the person before 1 November 1986; the rate of pension received by the widow immediately before 1 November 1986; and (d) in any other case—$3,247.40. Note: For armed services widow see subsection 4(1). Rate limited for certain armed services widowers (5) If: (a) an armed services widower is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (b) an age or disability support pension is payable to the widower; the rate of pension payable to the widower is not to exceed $3,247.40. Note: For armed services widower see subsection 4(1). Rate limited for certain armed services widows and widowers (6) If: (a) an armed services widow or an armed services widower is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and (b) an age or disability support pension is payable to the widow or widower; the rate of pension payable to the widow or widower is not to exceed $3,247.40. Note: For armed services widow and armed services widower see subsection 4(1).