CTHIn ForceAct
Veterans' Entitlements Act 1986
45TBSpecial date of eligibility for a designated pension
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#### 45TB Special date of eligibility for a designated pension
Age service pension
(1) For the purposes of this Part, a person’s special date of eligibility for an age service pension is the first day on which the person becomes eligible for an age service pension.
Partner service pension
(2) For the purposes of this Part, a person’s special date of eligibility for a partner service pension is worked out as follows:
(a) identify the day (the pension age day) on which the person reached pension age;
(b) the special date of eligibility is the first day occurring on or after the pension age day on which the person is eligible for a partner service pension.
Income support supplement
(3) For the purposes of this Part, a person’s special date of eligibility for income support supplement is worked out as follows:
(a) identify the threshold day as whichever of the following days is applicable:
(i) the day the person reached qualifying age;
(ii) if the person was granted a pension under Part II or IV after the person reached qualifying age because the person is a war widow or war widower—the day the pension commenced;
(iii) if, after reaching the qualifying age, the person became entitled to be paid the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or a lump sum mentioned in subsection 236(5) of the MRCA—the date of the death of the member in respect of whom the weekly amount or lump sum was payable;
(b) the special date of eligibility is the first day occurring on or after the threshold day on which the person is eligible for income support supplement (other than income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5).
> Note: For qualifying age see section 5Q.
Residency assumption
(4) For the purposes of this Part, a person’s special date of eligibility for a designated pension is to be worked out on the assumption that:
(a) being an Australian resident; and
(b) being in Australia;
were additional requirements for the designated pension.
2 or more special dates of eligibility
(5) For the purposes of this section, if a person would otherwise have 2 or more special dates of eligibility for a designated pension, only the first date is to be counted.