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SOCIAL SECURITY ACT 1991 - SECT 778

Qualification for special needs widow B pension

                   A woman is qualified for a special needs widow B pension if:

                    (aa)  the woman has not reached pension age; and

                     (a)  the woman has not resided in Australia at any time after 7 May 1973; and

                     (b)  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 pension after 1 March 1989; or

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

Note:       For sole parent pension see subsection 23(1).

                     (d)  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; and

                     (e)  both the woman and the man were residing permanently in Australia when the man died; and

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

                     (g)  the woman is, in the Secretary's opinion, in special need of financial assistance.

Note 1:       For member of a couple see subsections 4(2), (3) and (6).

Note 2:       A person who is receiving a special needs widow B pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).



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