Social Security Act 1991
43Qualification for age pension
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43 Qualification for age pension
(1) A person is qualified for an age pension if the person has reached pension age and any of the following applies: (a) the person has 10 years qualifying Australian residence; (b) the person has a qualifying residence exemption for an age pension; (c) the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age; (d) if the person reached pension age before 20 March 1997—the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.
Note 1: For qualifying Australian residence see section 7.
Note 2: For pension age see subsections 23(5A), (5B) (5C) and (5D).
(1A) A woman is qualified for an age pension if: (a) the woman has reached pension age; and (b) the woman’s partner has died; and (c) both the woman and her partner were Australian residents when her partner died; and (d) the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for the age pension. (1B) A woman is qualified for an age pension if: (a) immediately before 20 March 2020: (i) the woman was receiving a wife pension under Part 2.4; or (ii) the woman was receiving a wife pension under a scheduled international social security agreement; and (b) immediately before 20 March 2020, the woman was not receiving carer allowance under Part 2.19; and (c) the woman has reached pension age; and (d) the woman is not otherwise qualified for an age pension.
Note: For pension age see subsections 23(5A), (5B) (5C) and (5D).
(1C) A woman is qualified for an age pension if: (a) the woman was receiving widow allowance immediately before 1 January 2022; and (b) the woman is not otherwise qualified for an age pension. (3) Subsection (1) has effect subject to subsection 6(3) of the Social Security (International Agreements) Act 1999. (4) A woman is qualified for an age pension if: (a) the woman was receiving a special needs widow B pension under Part 2.16 immediately before 20 March 2020; and (b) the woman is not otherwise qualified for an age pension.