95Qualification for disability support pension—permanent blindness

95 Qualification for disability support pension—permanent blindness

(1) A person is qualified for a disability support pension if: (a) the person is permanently blind; and (b) the person has turned 16; and (c) the person: (i) is an Australian resident at the time when the person first satisfies paragraph (a); or (ii) has 10 years qualifying Australian residence; or (iia) has a qualifying residence exemption for a disability support pension; or (iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person: (A) is not an Australian resident; and (B) is a dependent child of an Australian resident; and the person becomes an Australian resident while a dependent child of an Australian resident; and (d) one of the following applies: (i) the person is an Australian resident; (ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1); (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

Note: For Australian resident and qualifying Australian residence see section 7.

Person not qualified in certain circumstances (2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s blindness, from: (a) the requirement to satisfy the activity test for the purposes of austudy payment; or (b) undertaking full‑time study (see section 541B); or (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.