Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 51

51. After section 809 of the Principal Act the following section is inserted
in Division 8 of Part 2.16: Secretary may require recipient or partner to take
action to obtain a comparable foreign payment

"810.(1) If the Secretary is satisfied that a special needs 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 818AA.

"(2) If the Secretary is satisfied that the partner of a special needs pension
recipient 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 818AA.

"(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.".