(1) This section applies to a person if:
(a) the person is a member of a couple; and
(b) the person was a member of the same couple immediately before 20 September 2001; and
(c) the person's partner was receiving a compensation affected payment immediately before 20 September 2001; and
(d) the person was receiving a dependency-based payment immediately before 20 September 2001; and
(e) the person was born on or before 1 July 1955.
(2) If this section applies to a person, the following paragraphs have effect:
(a) the dependency-based payment does not cease to be payable to the person only because the person's partner receives periodic compensation payments;
(b) in spite of Division 3, the person continues to be qualified for the dependency-based payment to the same extent as he or she would have if the person's partner had not received the payments of compensation.
(3) Paragraph (2)(b) does not prevent a dependency-based payment being cancelled, or ceasing to be payable, under a provision of the social security law, other than a provision of this Part.
(4) Paragraph (2)(b) does not prevent the rate of a dependency-based payment being reduced or cancelled under the social security law because of the operation of section 1174.
(5) In this section:
"dependency-based payment" means:
(b) mature age partner allowance; or
(c) partner allowance.