Section 1137A — Social Security Act 1991: Non-receipt of social security pension or social security payment

(1) This section applies for the purposes of a provision (the relevant provision) of this or another Act if: (a) the relevant provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement, subsidy, pensioner concession card, seniors health card or any other sort of benefit) to a person; and (b) in relation to that benefit, it is necessary to work out whether: (i) the person or another person is receiving or is not receiving a social security pension or social security payment or is receiving or is not receiving a particular kind of social security pension whose rate may be worked out under this Division; or (ii) the person or another person is a recipient or is not a recipient of a social security pension or social security payment or is a recipient or is not a recipient of a particular kind of social security pension whose rate may be worked out under this Division; or (iii) a social security pension or social security payment, or a particular kind of social security pension whose rate may be worked out under this Division, is payable to the person or another person. (2) For the purposes of the relevant provision: (a) a person is taken not to be receiving a social security pension or social security payment or the particular kind of social security pension; and (b) a person is taken not to be a recipient of a social security pension or social security payment or the particular kind of social security pension; and (c) a social security pension or social security payment, or the particular kind of social security pension, is taken not to be payable to the person; merely because: (d) the person receives a social security pension, or the kind of social security pension, at a rate worked out under this Division; or (e) a social security pension, or the kind of social security pension, is payable to the person at a rate worked out under this Division. (3) Subsection (2) does not apply in relation to a person and a day if on that day: (a) the person is receiving a social security pension at a rate worked out under this Division; and (b) but for the operation of this Division, the person would have been receiving that pension at a rate greater than nil.