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SOCIAL SECURITY ACT 1991 - SECT 95

Qualification for disability support pension--permanent blindness

             (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 a sickness allowance or with a view to obtaining an exemption, because of the person's blindness, from the requirement to satisfy the activity test for the purposes of job search allowance, newstart allowance, youth training allowance, youth allowance or austudy payment.



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