118NBPayment of Defence Force Income Support Allowance

118NB Payment of Defence Force Income Support Allowance

(1) Defence Force Income Support Allowance (DFISA) is payable to a person each day on or after 20 September 2004 if: (a) adjusted disability pension is payable to the person, or the person’s partner, on that day; and (b) social security pension or social security benefit (the primary payment) is payable to the person on that day; and (c) the adjusted disability pension reduces (including to nil) the rate of the primary payment on that day.

Note 1: For adjusted disability pension and partner see section 118NA.

Note 2: For social security pension and social security benefit see section 5Q.

Note 3: Even though the person may not actually be paid an amount of social security pension or benefit because the rate of the pension or benefit is nil, in some cases the pension or benefit will be taken to be payable to the person if adjusted disability pension is payable to the person or the person’s partner: see subsection 23(1D) of the Social Security Act.

(2) However, DFISA is not payable to the person on that day if: (a) the rate of DFISA would be nil; or (b) section 1129, 1130B or 1131 of the Social Security Act (financial hardship) applies to the person in relation to the primary payment; or (c) before that day: (i) the person had elected not to be covered by this Division; and (ii) that election had not been withdrawn. (3) An election, or a withdrawal of an election, under paragraph (2)(c): (a) must be by document lodged at an office of the Department in Australia in accordance with section 5T; and (b) is taken to have been made on a day determined under that section.