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Military Rehabilitation and Compensation Act 2004
246MRCA supplement not payable in some circumstances
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246 MRCA supplement not payable in some circumstances
People leaving Australia otherwise than temporarily
(1) A wholly dependent partner who leaves Australia otherwise than temporarily is not eligible for MRCA supplement under section 245 after the day on which he or she left Australia.
(2) A wholly dependent partner who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for MRCA supplement under section 245 after the first 26 weeks of the absence.
(3) The wholly dependent partner mentioned in subsections (1) and (2) again becomes eligible to receive MRCA supplement under section 245 on the later of the following days:
(a) the day on which the partner returns to Australia; or
(b) the day on which the partner notifies the Commission of his or her return to Australia.
Persons receiving other payments
(4) Even though a wholly dependent partner is eligible for MRCA supplement under section 245, the supplement is not payable to the partner if he or she is receiving:
(a) veterans supplement under section 118B of the Veterans’ Entitlements Act 1986; or
(b) a telephone allowance under the Social Security Act 1991; or
(c) MRCA supplement under Division 4 of Part 7 of Chapter 4; or
(d) energy supplement under Part 2.25B of the Social Security Act 1991 or Part VIIAD of the Veterans’ Entitlements Act 1986; or
(e) a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or
(f) a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or
(g) a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.