38APartner service pension may not be payable in some circumstances

#### 38A Partner service pension may not be payable in some circumstances (1) Even though a person is eligible for a partner service pension, the pension may not be payable to the person because: (a) the pension has not commenced to be payable (see section 38B); or (b) the person is in gaol or in psychiatric confinement (see sections 55 and 55A); or (c) the person is receiving another pension (see section 38C); or (d) the pension is cancelled or suspended: (i) under this Act (see sections 56E, 56EA, 56J and 56K); or (ii) under Part 3C (schooling requirements) of the Social Security (Administration) Act 1999; or Note: See section 124E of the Social Security (Administration) Act 1999. (e) the person has not provided a tax file number for the person or the person’s partner (see section 128A); or (f) the person or the person’s partner is entitled to receive compensation (see Division 3 of Part IIIC). (2) Subject to subsections (3) and (4), a partner service pension is not payable to a person if his or her partner service pension rate would be nil. > Note: A person whose rate might otherwise be nil under the Rate Calculator may not have a nil rate after the application of the financial hardship provisions (sections 52Y and 52Z). (3) Subsection (2) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 60A(1) is in force; or (b) the person has been paid an advance pharmaceutical allowance under Part 2.23 of the Social Security Act. (4) Subsection (2) does not apply to a person if the person’s rate is nil merely because of the operation of Part IVA.