Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 36

36. After section 173 of the Principal Act the following section is inserted
in Division 7 of Part 2.4: Secretary may require recipient or partner to take
action to obtain a comparable foreign payment

"174.(1) If the Secretary is satisfied that a wife pension recipient would be
entitled to a comparable foreign payment from a CFP country if the recipient
applied for the payment, the Secretary may give the recipient a notice that
requires the recipient to take reasonable action to obtain the payment. Note:
For the consequences of failure to comply with the notice see section 182AA.

"(2) If:

   (a)  the partner of a wife pension recipient is receiving rehabilitation
        allowance; and

   (b)  the Secretary is satisfied that the partner would be entitled to a
        comparable foreign payment from a CFP country if the partner applied
        for the payment; the Secretary may give the recipient a notice that
        requires the partner to take reasonable action to obtain the payment.
        Note: For the consequences of failure to comply with the notice see
        section 182AA.

"(3) A notice under subsection (1) or (2):

   (a)  must be in writing; and

   (b)  must be given personally or by post; and

   (c)  must specify the period within which the reasonable action is to be
        taken.

"(4) The period specified under paragraph (3)(c) must end at least 14 days
after the day on which the notice is given.

"(5) For the purposes of this section, a person takes reasonable action to
obtain a comparable foreign payment only if the person takes reasonable action
to obtain that payment at the highest rate applicable to the person.".