103Multiple entitlement exclusion

#### 103 Multiple entitlement exclusion (1) A disability support pension is not payable to a person if the person is already receiving a service pension or a veteran payment. (2) If: (a) a person is receiving a disability support pension; and (b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person; the disability support pension 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: Social security benefit includes jobseeker payment. (3) A disability support pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) 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; and (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act. (4) Subsection (3) does not apply if: (a) the person: (i) was on 20 March 1995 receiving; and (ii) has from that day continuously received; and (iii) is receiving; the disability support pension; and (b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the disability support pension. (5) Subsection (3) does not apply if: (a) before 20 March 1995, the person had made a claim for disability support pension; and (b) the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and (c) on or after 20 March 1995, the person was granted disability support pension; and (d) the person has since that time continued to receive, and is receiving, the pension. (6) Subsection (3) does not apply if: (a) before 20 March 1995: (i) the person had made a claim for disability support pension; and (ii) the claim had been rejected; and (iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and (b) the person elected under subsection 45G(2) of the Veterans’ Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and (c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted disability support pension; and (d) the person has since that time continued to receive, and is receiving, the pension. (7) A disability support pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) 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; and (c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA. > Note 1: For armed services widow and armed services widower see subsection 4(1). > Note 2: For MRCA and VEA see subsection 23(1).