45MClaimant must be Australian resident and in Australia

#### 45M 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 claim if the person making the claim, or on whose behalf the claim is being made: (a) is outside Australia; and (b) is receiving a service pension, a veteran payment or a social security pension; and (c) would, if that pension or payment were cancelled, be eligible for income support supplement. > Note: If the person ceases to be an Australian resident after having made a proper claim and after having met all the eligibility requirements (see section 36), the person’s eligibility is not affected.