Section 45E — Veterans' Entitlements Act 1986: Election to continue to receive social security pension

(1) This section applies to a war widower or war widow who immediately before the day (commencing day) on which this Part commences was receiving a social security pension. (2) A person to whom this section applies may, on the commencing day, by notice in writing given to the Secretary, elect to continue to receive, on and after that day, the social security pension that he or she was receiving immediately before that day. Note: As a result of that election, the person is precluded from receiving income support supplement under this Part (see section 45D) for as long as the social security pension continues to be payable to the person. (3) If: (a) a person to whom this section applies has failed to make an election under subsection (2); and (b) the Commission is satisfied that the person was unable to make the election because of circumstances beyond his or her control (for example, because of the person’s incapacity or absence from Australia); the Commission may determine that the person is to be taken for the purposes of this Act to have elected to continue to receive the social security pension.