Section 796 — Social Security Act 1991: How to work out a person’s special needs pension rate

(1) Subject to subsection (2), the rate of a person’s special needs pension is: (a) if the pension is a special needs age pension—the rate at which an age pension would be payable to the person if the person were qualified for an age pension; or (b) if the pension is a special needs disability support pension—the rate at which a disability support pension would be payable to the person if the person were qualified for a disability support pension; or (c) if the pension is a special needs wife pension—the rate at which a wife pension would be payable to the person if the person were qualified for a wife pension. (2) If: (a) the person was absent from Australia on 1 July 1986; and (b) the person commences after 1 July 1986 to receive a special needs pension; and (c) the person is absent from Australia; the rate of the person’s special needs pension is, subject to subsections (3) and (4), the person’s special needs proportional rate worked out using the Special Needs Proportional Rate Calculator at the end of this section. (3) Subsection (2) does not apply to a person’s special needs disability support pension if the person became qualified for the pension because the person became permanently incapacitated for work or permanently blind while the person was an Australian resident. (4) Subsection (2) does not apply to a person’s special needs sole parent pension if: (a) the person became qualified for the pension because of the death of the person’s former partner; and (b) at the time when the former partner died the former partner was an Australian resident; and (c) the person would, apart from subsections 249(2) and 362(2) of this Act, and section 46 of the 1947 Act as in force at any time before 1 March 1989, have become so qualified for that pension.