10Restrictions on dual pensions

10 Restrictions on dual pensions

(1) Where a service pension, a pension under Part IV of the Social Security Act 1947 or a social security widow’s pension, that was being paid immediately before the commencement of section 9 of the Repatriation Act 1973 continued, by virtue of subsection 9(2) of the Repatriation Act 1973 to be payable immediately before the commencing date, that pension continues, subject to this section, to be payable on and after that date but, unless that pension is payable by reason that the pensioner was suffering from pulmonary tuberculosis, the rate of that pension shall not, at any time, exceed the rate at which it was being paid immediately before the day on which the Social Services Act 1973 received the Royal Assent. (2) Where a service pension continues to be payable by virtue of subsection (1), the Veterans’ Entitlements Act, other than sections 36C, 37C, 38C and 39C of that Act, applies, subject to this section, as if it were a service pension granted under that Act. (3) Where: (a) a person is entitled to receive a service pension under the Veterans’ Entitlements Act; and (b) a pension under Part IV of the Social Security Act 1947 or a social security widow's pension is payable to the person by virtue of subsection (1) of this section; the pension referred to in paragraph (b), ceases to be payable to the person upon the person ceasing to be entitled to receive that service pension. (4) Where: (a) a person is entitled to receive an age, disability support, wife or carer payment under the Social Security Act 1991; and (b) a service pension is payable to the person under the Veterans’ Entitlements Act by virtue of subsection (1) of this section; that service pension ceases to be payable to the person upon the person ceasing to be entitled to receive the pension referred to in paragraph (a). (5) Where a provision of the Social Security Act 1991 contains a reference to income in relation to a person, then, in the application of that provision to a person to whom a service pension continues to be payable by virtue of subsection (1), that pension shall, notwithstanding anything to the contrary contained in that Act, be taken to be income of the person. (6) Where a provision of the Veterans’ Entitlements Act contains a reference to income in relation to a person, then, in the application of that provision to a person to whom a pension under Part IV of the Social Security Act 1947 or a social security widow’s pension continues to be payable by virtue of subsection (1), that pension shall, notwithstanding anything to the contrary contained in the Veterans’ Entitlements Act, be taken to be income of the person. (7) In this section:

social security widow’s pension means a pension payable to a woman who had been dependent upon, or living with, a man before the man's death, under:

(a) Part IV of the Social Security Act 1947 as in force before 2 July 1987; or
(b) Part V of the Social Security Act 1947 as in force between 2 July 1987 and 28 February 1989 (inclusive); or
(c) Part VI or Schedule 1B of the Social Security Act 1947 as in force between 1 March 1989 and 30 June 1991 (inclusive); or
(d) Part 2.7 (widowed person allowance) or Part 2.8 (widow B pension) as in force on and after 1 July 1991.