Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 44

44. After section 325A of the Principal Act the following section is inserted
in Division 2 of Part 2.7: Secretary may require claimant to take action to
obtain a comparable foreign payment

"325B.(1) If:

   (a)  a person claims a widowed person allowance; 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) A notice under subsection (1):

   (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.

"(3) The period specified under paragraph (2)(c) must end at least 14 days
after the day on which the notice is given.

"(4) The Secretary may, in spite of section 326, reject a claim if:

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

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

"(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.".