Social Services Legislation Amendment (Welfare Reform) Act 2018 (26 of 2018)

Schedule 3   Cessation of wife pension

Veterans' Entitlements Act 1986

98   Saving and transitional provisions - wife pension

(1) Despite the amendments made by this Schedule, Parts 2.4 and 3.2 of, and clause 146 of Schedule 1A to, the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the rate of, wife pension in respect of days occurring before that commencement.

(2) If before the commencement of this item:

(a) a woman was receiving wife pension; and

(b) the woman's partner died;

then Division 9 of Part 2.4 of the Social Security Act 1991, as in force immediately before that commencement, continues to apply on and after that commencement in relation to the woman as if the amendments made by this Schedule had not been made.

(3) No payment of wife pension is to be made in accordance with Part 4.2 of the Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.

(4) A person is not qualified for an age pension under Part 2.2 of the Social Security Act 1991 in respect of a day on or after the commencement of this item if the person receives wife pension in respect of that day.

(5) If:

(a) on or after the commencement of this item, the Secretary makes a determination under section 12 of the Social Security (Administration) Act 1999 that a woman is taken to have made a claim for carer payment; and

(b) the Secretary makes the determination on the basis that the woman is qualified for the payment under section 198AD of the Social Security Act 1991;

then section 203 of the Social Security Act 1991 does not apply in relation to that claim.