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SOCIAL SECURITY ACT 1991 - SECT 43

Qualification for age pension

             (1)  A person is qualified for an age pension if the person has reached pension age and any of the following applies:

                     (a)  the person has 10 years qualifying Australian residence;

                     (b)  the person has a qualifying residence exemption for an age pension;

                     (c)  the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age;

                     (d)  if the person reached pension age before 20 March 1997--the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.

Note 1:       For qualifying Australian residence see section 7.

Note 2:       For pension age see subsections 23(5A), (5B) (5C) and (5D).

          (1A)  A woman is qualified for an age pension if:

                     (a)  the woman has reached pension age; and

                     (b)  the woman's partner has died; and

                     (c)  both the woman and her partner were Australian residents when her partner died; and

                     (d)  the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for the age pension.

             (3)  Subsection (1) has effect subject to subsection 6(3) of the Social Security (International Agreements) Act 1999 .



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