Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 41

41. After section 265B of the Principal Act the following section is inserted
in Division 2 of Part 2.6: Secretary may require claimant or partner to take
action to obtain a comparable foreign payment

"265C.(1) If:

   (a)  a person claims a sole parent pension; and

   (b)  the Secretary is satisfied that the claimant would be entitled to a
        comparable foreign payment from a CFP country if the claimant applied
        for the payment; the Secretary may give the claimant a notice that
        requires the claimant to take reasonable action to obtain the payment.

"(2) If:

   (a)  a person claims a sole parent pension; and

   (b)  the Secretary is satisfied that the claimant's 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 claimant a
        notice that requires the partner to take reasonable action to obtain
        the payment.

"(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) The Secretary may, in spite of section 266, reject a claim if:

   (a)  the claimant is given a notice under subsection (1) or (2); and

   (b)  the Secretary is satisfied that the claimant or the claimant's partner
        has not taken reasonable action to obtain the comparable foreign
        payment within the period specified in the notice.

"(6) 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.".