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SOCIAL SECURITY ACT 1991 - SECT 362

Qualification for widow B pension

             (1)  A woman is qualified for a widow B pension if:

                     (a)  the woman:

                              (i)  was, immediately before 1 July 1987, receiving a widow's pension as a class B widow under the 1947 Act; or

                             (ii)  on 1 July 1987 had turned 45 years old and:

                                        (A)  was receiving a supporting parent's benefit or a widow's pension as a class A widow on or after that day; or

                                        (B)  was receiving a sole parent's pension after 1 March 1989; or

                            (iii)  on 1 July 1987 had turned 50 years old; and

                     (b)  the woman is not qualified for parenting payment; and

                     (c)  the woman:

                              (i)  was legally married and her husband has died; or

                             (ii)  was a dependent female , that is:

                                        (A)  she was a member of a couple and her partner has died; and

                                        (B)  she was a member of the couple for 3 years immediately before her partner died; and

                                        (C)  she was wholly or mainly financially maintained by him; or

                            (iii)  is divorced from her husband; or

                            (iv)  was legally married and her husband has deserted her without just cause for a period of at least 6 months; or

                             (v)  is legally married to a man who is in gaol and has been in gaol continuously for at least 6 months; or

                            (vi)  was:

                                        (A)  a party to a purported marriage that is void; and

                                        (B)  the man who was the other party to the purported marriage has deserted her without just cause for a period of at least 6 months; and

                                        (C)  in the Secretary's opinion, she believed that the purported marriage was valid when it took place; and

                     (d)  the woman is not a member of another couple; and

                     (e)  either:

                              (i)  the woman had been an Australian resident for a continuous period of at least 5 years immediately before the day she lodged the claim for the widow B pension; or

                             (ii)  the woman has, at any time, been an Australian resident for a continuous period of at least 10 years; or

                           (iia)  the woman has a qualifying residence exemption for a widow B pension; or

                            (iii)  both the woman and her partner were Australian residents at the time:

                                        (A)  if she was legally married and her husband has died--when he died; or

                                        (B)  if she was a dependent female--when her partner died; or

                                        (C)  if she is divorced--when she became divorced; or

                                        (D)  if she was legally married and her husband has deserted her--when she was deserted; or

                                         (E)  if she was a party to a purported marriage and the man who was the other party has deserted her--when she was deserted; or

                                         (F)  if she was legally married and her husband has been in gaol for a period of at least 6 months--when that period began.

Note:          For Australian resident and qualifying residence exemption see section 7.

             (2)  A woman does not have to satisfy paragraph (1)(e) in order to be qualified for a widow B pension if:

                     (a)  the woman became a person to whom paragraph (1)(c) applied because of the death of a man; and

                     (b)  the woman was, immediately before the man died, receiving:

                              (i)  a wife pension because the man was receiving:

                                        (A)  an age pension; or

                                        (B)  an invalid pension or a disability support pension; or

                                        (C)  a special needs age pension; or

                                        (D)  a special needs invalid pension or a special needs disability support pension; or

                             (ii)  a partner service pension under Part III of the Veterans' Entitlements Act because the man was receiving a service pension under that Part; and

                     (c)  the woman was not in Australia at the time when the man died.

             (3)  Subsection (1) has effect subject to:

                     (a)  sections 1215 to 1216B (limits on portability); and

                     (b)  sections 1218, 1218A, 1218B, 1218C and 1219 (departure certificate requirements for people leaving Australia).



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