6Commutation of certain pensions

6 Commutation of certain pensions

(1) This section applies to a person to whom a pension to which subsection 4(7) applies continues to be payable by virtue of subsection 4(6) (2) Within the period of 6 months commencing on and including the commencing date, a person to whom this section applies may elect to commute to a lump sum payment calculated in accordance with this section payments of that pension payable after the last pension pay‑day in that period. (3) Where a pension ceases to be payable by virtue of subsection 4(6) to a person to whom this section applies on or before the last pension pay‑day in the period referred to in subsection (2), any election made by the person under subsection (2) is void and of no effect. (4) Where a person to whom this section applies makes an election under subsection (2) (not being an election that is void by reason of subsection (3)): (a) the pension payable to the person by virtue of subsection 4(6) shall, by force of this section, be cancelled immediately after the last pension pay‑day in the period referred to in subsection (2); and (b) there is payable to the person a single lump sum payment equal to the aggregate of 78 fortnightly instalments of that pension at the rate at which instalments were payable immediately before the pension is so cancelled. (5) An election under subsection (2): (a) shall be in writing and in accordance with a form approved by the Commission; (b) shall be made by forwarding the election to, or delivering the election at, an office of the Department in Australia; and (c) may be made by the pensioner or by any other person who would, if the election were a claim for a pension for the pensioner as the dependant of a veteran, be entitled under section 16 of the Veterans’ Entitlements Act, to make the election on behalf of the pensioner.