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StatuteSocial Security Act 1991

Section 735 — Social Security Act 1991: Multiple entitlement exclusion

Text of the provision Official document

(1) Special benefit is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment. (2) If: (a) a person is receiving special benefit; and (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person; the special benefit is not payable to the person. Note 1: Another payment type will generally not become payable to the person until the person claims it. Note 2: For social security pension and social security benefit see subsection 23(1). (3) Special benefit is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman 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; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit. Note: For armed services widow see subsection 4(1). (4) Special benefit is not payable to a man if: (a) the man is an armed services widower; and (b) the man 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. Note: For armed services widower see subsection 4(1). (5) Special benefit is not payable to a person if: (a) the person is an armed services widow or an armed services widower; and (b) the person 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. Note 1: For armed services widow and armed services widower see subsection 4(1). Note 2: For MRCA see subsection 23(1).

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.