Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 73

73. Section 1164 of the Principal Act is amended:

   (a)  by omitting subsections (1) and (2) and substituting the following
        subsections:

"(1) If:

   (a)  a person is receiving a compensation affected payment; and

   (b)  the person or the person's partner is entitled or may, in the
        Secretary's opinion, be entitled to compensation; and

   (c)  the person or the partner has taken:

        (i)    no action to claim or obtain the compensation; or

        (ii)   no action that the Secretary considers reasonable to claim or
               obtain the compensation; the Secretary may require the person
               or the partner to take the action specified by the Secretary.

"(2) If:

   (a)  a person is qualified for a compensation affected payment; and

   (b)  the person or the person's partner is entitled or may, in the
        Secretary's opinion, be entitled to compensation; and

   (c)  the person or the partner has taken:

        (i)    no action to claim or obtain the compensation; or

        (ii)   no action that the Secretary considers reasonable to claim or
               obtain the compensation; the Secretary may require the person
               or the partner to take the action specified by the Secretary.

"(2A) Even though a person has entered into an agreement to give up the
person's right to compensation, the Secretary may form the opinion that the
person may be entitled to compensation if the Secretary is satisfied that the
agreement is void, ineffective or unenforceable.

"(2B) For the purposes of subsection (2A), a person enters into an agreement
to give up the person's right to compensation if the person:

   (a)  enters into an agreement to waive the person's right to compensation;
        or

   (b)  enters into an agreement to withdraw the person's claim for
        compensation.";

   (b)  by inserting after subsection (4) the following subsection:

"(4A) If, under subsection (1), the Secretary requires the partner of a person
who is receiving a pension, benefit or allowance, to take action to obtain or
claim compensation, the pension, benefit or allowance ceases to be payable to
the person unless the partner complies with the requirement.";

   (c)  by inserting after subsection (5) the following subsection:

"(5A) If, under subsection (2), the Secretary requires the partner of a person
who is qualified for a pension, benefit or allowance, to take action to claim
or obtain compensation, the pension, benefit or allowance is not to be granted
to the person unless the partner complies with the requirement.";
(d) by inserting in subsection (6) "or a person's partner" after "a person".