Div 3Qualifications for Invalid Pensions.

Division 3.—Qualifications for Invalid Pensions. Interpretation. 23. For the purposes of this Division and of Division 5 of this Part, a person shall be deemed to be permanently incapacitated for work if the degree of his permanent incapacity for work is not less than eighty-five per centum. Qualifications for invalid pension. 24. Subject to this Part, a person above the age of sixteen years who is not receiving an age pension and— (a) is permanently incapacitated for work or is permanently blind; and (b) is residing in Australia on the date on which he lodges his claim for a pension and has been continuously so resident for a period of not less than five years, shall be qualified to receive an invalid pension. Conditions of grant of invalid pension. 25.—(1.) An invalid pension shall not be granted to a person— (a) if he is not deserving of a pension; (b) unless he became permanently incapacitated for work or permanently blind while in Australia or during a temporary absence from Australia; (c) if his permanent incapacity was brought about with a view to obtaining a pension; (d) if he has an enforceable claim against any person, under any law or contract, for adequate compensation in respect of his permanent incapacity or permanent blindness; (e) if he has directly or indirectly deprived himself of property or income in order to qualify for a pension; (f) if the value (determined in accordance with section thirty of this Act) of the property of that person exceeds Six hundred and fifty pounds; or (g) if, in the case of a person under the age of twenty-one years, his parents, either severally or collectively, adequately maintain him. (2.) For the purposes of this section, a person who, at the date of his arrival in Australia, was permanently incapacitated for work or permanently blind shall be deemed to have become permanently incapacitated for work or permanently blind while in Australia— (a) if he was brought into Australia before attaining the age of three years; or (b) if he has resided in Australia continuously for not less than twenty years. Maintenance by parents to be taken into account. 26. In determining the rate of an invalid pension, the Director-General shall, in the case of a claimant under the age of twenty-one years, have regard to the extent (if any) to which his parents, either severally or collectively, maintain him, or are able to maintain him. Examination by medical practitioner. 27.—(1.) The Director-General shall, unless— (a) it is manifest that a claimant for an invalid pension is permanently incapacitated for work or is permanently blind; or (b) a claimant resides in a place remote from any legally qualified medical practitioner, direct that the claimant be examined by a legally qualified medical practitioner. (2.) The medical practitioner shall certify, in accordance with a form approved by the Director-General, whether, in his opinion, the claimant is permanently incapacitated for work or is permanently blind.