Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a war widower or war widow if:
(a) before the day ( commencing day ) on which this Part commences, he or she had made a claim for a social security pension under the Social Security Act; and
(b) on the commencement of this Part, the claim has not been determined.
(2) A person to whom this section applies may, on the commencing day, elect to receive the social security pension in the event that it is granted to him or her.
Note: If the social security pension is granted, the person is, as a result of that election, precluded from receiving income support supplement under this Part (see section 45D) for as long as the social security pension continues to be payable to the person.
(3) If:
(a) a person to whom this section applies has failed to make an election under subsection (2); and
(b) the Commission is satisfied that the person was unable to make the election because of circumstances beyond his or her control (for example, because of a person's incapacity or absence from Australia);
the Commission may determine that the person is to be taken for the purposes of this Act to have elected to receive the social security pension in the event that it is granted to him or her.