Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 95

  (1)   A person is qualified for a disability support pension if:

  (a)   the person is permanently blind; and

  (b)   the person has turned 16; and

  (c)   the person:

  (i)   is an Australian resident at the time when the person first satisfies paragraph   (a); or

  (ii)   has 10 years qualifying Australian residence; or

  (iia)   has a qualifying residence exemption for a disability support pension; or

  (iii)   is born outside Australia and, at the time when the person first satisfies paragraph   (a), the person:

  (A)   is not an Australian resident; and

  (B)   is a dependent child of an Australian resident;

    and the person becomes an Australian resident while a dependent child of an Australian resident; and

  (d)   one of the following applies:

  (i)   the person is an Australian resident;

  (ia)   the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection   1218AAA(1);

  (ii)   the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

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

Person not qualified in certain circumstances

  (2)   A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person's blindness, from:

  (a)   the requirement to satisfy the activity test for the purposes of austudy payment; or

  (b)   undertaking full - time study (see section   541B); or

  (c)   the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.