Section 45UX — Veterans' Entitlements Act 1986: Commission may determine whether periods occurring before becoming a war widow/war widower—pensioner are bonus periods under the social security law

(1) If a person: (a) is a person to whom this Division applies; and (b) was registered as a member of the SSA pension bonus scheme; the Commission may, subject to subsection (3), determine, having regard to information supplied to it under this Act or the social security law, that if: (c) the person had made a claim for pension bonus under that law immediately before becoming a war widow/war widower—pensioner; and (d) the claim had been made in respect of a period the whole or part of which the Commission determines would have been a period of accruing membership of that scheme; that period, or that part of that period, would have accrued to the person as a bonus period under that law. (2) If a person: (a) is a person to whom this Division applies; and (b) was not registered as a member of the SSA pension bonus scheme but, in the opinion of the Commission, could have been so registered before becoming a war widow/war widower—pensioner had the person applied for that registration; the Commission may, subject to subsection (3), determine, having regard to information supplied to it under this Act or the social security law, that if: (c) the person had been so registered from the earliest possible date that the person could have been so registered; and (d) the person had made a claim for pension bonus under that law immediately before becoming a war widow/war widower—pensioner; and (e) the claim had been made in respect of a period the whole or part of which the Commission determines would have been a period of accruing membership of that scheme; that period, or that part of that period, would have accrued to the person as a bonus period under that law. (3) If the Commission determines, in respect of a person to whom this Division applies, that: (a) a period would have been: (i) if the person was registered as a member of the SSA pension bonus scheme—a part-year period of accruing membership of that scheme; or (ii) if the person was not, but, in the opinion of the Commission, could have been so registered before becoming a war widow/war widower—pensioner had the person applied for that registration and had the person been so registered from the earliest possible date that the person could have been so registered—such a part-year period of accruing membership of that scheme; and (b) the period was not immediately preceded by another period that would have accrued to that person as a bonus period under the social security law; the Commission may, despite the terms of subsection 92T(3) of the Social Security Act 1991, treat that part-year period as a bonus period under the social security law if, had the person made a claim for pension bonus under that law immediately before becoming a war widow/war widower—pensioner, the person would have passed the work test under that law in respect of that period.