38HClaimant must be Australian resident and in Australia

38H Claimant must be Australian resident and in Australia

(1) Subject to subsection (2), a claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is lodged.

Note: For Australian resident see section 5G.

(2) Subsection (1) does not apply to a person’s claim if: (a) the person is outside Australia and is receiving: (i) age service pension; or (ii) invalidity service pension; or (iia) veteran payment; or (iii) a social security pension; and (b) the person would, if that pension or payment were cancelled, be eligible for partner service pension.

Note 1: If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (section 38), the person’s eligibility for partner service pension is not affected.

Note 2: For social security pension see subsection 5Q(1).