38Eligibility for partner service pension

38 Eligibility for partner service pension

(1) Subject to this section, a person is eligible for a partner service pension if the person: (a) is a person: (i) who is a member of a couple; and (ii) whose partner is a veteran who is receiving an age service pension or invalidity service pension, or who would be receiving such a pension if not for the operation of one or more disqualifying provisions; or (aa) is a person: (i) who is a member of a couple; and (ii) whose partner is a veteran who has rendered qualifying service; and (iii) who is qualified for an age pension under the Social Security Act; or (b) is a person in relation to whom the following apply: (i) subsection (1AA) applies to the person; (ii) the veteran is receiving an age service pension or an invalidity service pension, or would be receiving such a pension if not for the operation of one or more disqualifying provisions; or (c) is a person in relation to whom the following apply: (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)); (ia) the veteran, immediately before his or her death, was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; (ii) the person was receiving a partner service pension or a social security pension immediately before the veteran’s death; or (d) is a person in relation to whom the following apply: (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)); (ii) the person had, before the veteran’s death, made a claim for a partner service pension which had not been determined at the date of the death; (iii) the veteran: (A) was, immediately before his or her death, receiving an age service pension or invalidity service pension; or (B) had, before his or her death, made a claim for an age service pension or invalidity service pension which had not been determined at the date of the death but which the Commission determines would have been granted if the veteran had not died; or (e) is a person in relation to whom the following apply: (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)) and who has rendered qualifying service; (ii) the person is qualified for an age pension under the Social Security Act; or (f) is a person: (i) who is a member of a couple; and (ii) whose partner is a veteran who is registered as a member of the pension bonus scheme (see Part IIIAB); or (g) is a person in relation to whom the following apply: (i) subsection (1AA) applies to the person; (ii) the veteran is registered as a member of the pension bonus scheme (see Part IIIAB); or (h) is a person in relation to whom the following apply: (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)); (ii) the veteran, immediately before his or her death, was registered as a member of the pension bonus scheme (see Part IIIAB), was receiving an age service pension or an invalidity service pension, or would have been receiving such a pension if not for the operation of one or more disqualifying provisions; (iii) the person, immediately before the veteran’s death, was registered as a member of the pension bonus scheme (see Part IIIAB) or of the corresponding scheme under Part 2.2A of the Social Security Act or was receiving a partner service pension or a social security pension; or (i) is a person in relation to whom the following apply: (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)); (ii) the person had, before the veteran’s death, made a claim for a partner service pension which had not been determined at the date of the death; (iii) the veteran was, immediately before his or her death, registered as a member of the pension bonus scheme (see Part IIIAB). (1AA) This subsection applies to a person if: (a) the person is the non‑illness separated spouse of a veteran; or (b) the following apply: (i) a relationship between the person and a veteran (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; (ii) the person and the veteran have separated and the person is living separately and apart from the veteran on a permanent basis; (iii) the separation has not resulted in a determination under subsection 5R(5); or (c) the following apply: (i) the person and a veteran were, in the Commission’s opinion (formed as mentioned in section 11A), in a de facto relationship; (ii) the person and the veteran have separated and the person is living separately and apart from the veteran on a permanent basis; (iii) the separation has not resulted in a determination under subsection 5R(5); (iv) the person and the veteran are not within a prohibited relationship; or (d) the following apply: (i) the person becomes divorced from a veteran; (ii) immediately before the divorce, paragraph (a) applied in relation to the person and the veteran; or (e) the following apply: (i) a relationship, described in subparagraph (b)(i), between the person and a veteran ceases to be registered under a law of the State or Territory concerned; (ii) immediately before the cessation, paragraph (b) applied in relation to the person and the veteran. (1AB) For the purposes of this section, a person is an eligible person in relation to a veteran who has died if: (a) the person is the widow or widower of the veteran; or (b) the following apply: (i) immediately before the veteran died, a relationship between the person and the veteran (whether of the same sex or a different sex) was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis; (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or (c) the following apply: (i) at any time before the veteran’s death, the person and the veteran were, in the Commission’s opinion (formed as mentioned in section 11A), in a de facto relationship; (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis; (iii) immediately before the veteran died, the person and the veteran were not within a prohibited relationship; (iv) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or (d) the following apply: (i) at any time before the veteran’s death, the person became divorced from the veteran; (ii) immediately before the divorce, paragraph (1AA)(a) applied in relation to the person and the veteran; (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or (e) the following apply: (i) at any time before the veteran’s death, a relationship, described in subparagraph (b)(i), between the person and the veteran ceased to be registered under a law of the State or Territory concerned; (ii) immediately before the cessation, paragraph (1AA)(b) applied in relation to the person and the veteran; (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death. (1A) For the purposes of subsection (1), a disqualifying provision is a section of this Part or of Part IIIB or IIIC that has the effect that an age service pension or an invalidity service pension that would otherwise be payable to a person is not, or ceases to be, payable. (1B) Subject to subsections (1C) and (1D), a person is not eligible for a partner service pension under subsection (1) unless the person: (a) has a dependent child when he or she makes a claim for the pension; or (b) if subsection (1BA) applies in relation to the person—has reached 50 years of age; or (c) has reached qualifying age.