Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 84, 1989 - SECT 9

9. Section 4B of the Principal Act is amended:

   (a)  by omitting paragraph (5) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (b)  by omitting paragraph (6) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (c)  by omitting paragraph (7) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (d)  by omitting paragraph (8) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (e)  by omitting paragraph (9) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (f)  by omitting paragraph (10) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (g)  by omitting paragraph (11) (b) and substituting the following
        paragraph:

"(b) the person is eligibly separated from his or her spouse;";

   (h)  by inserting after subsection (11) the following subsection:

"(11A) For the purposes of this section, a married person is eligibly
separated from his or her spouse if:

   (a)  a direction under subsection 33 (2) is in force in respect of the
        person or the person's spouse; or

   (b)  the following conditions are satisfied:

        (i)    the person's spouse is not in receipt of a prescribed pension;

        (ii)   the Secretary is satisfied as mentioned in subsection 33 (2) in
               relation to the person and his or her spouse.";

   (j)  by omitting "in respect of whom, or in respect of whose spouse, a
        direction under subsection 33 (2) is in force" from paragraph (c) of
        the definition of "entry contribution" in subsection (13) and
        substituting "who is eligibly separated from his or her spouse";

   (k)  by omitting "12 June 1989" (wherever occurring) from the definition of
        "extra allowable amount" in subsection (13) and substituting "13 June
        1989";

   (m)  by omitting "in respect of whom, or in respect of whose spouse, a
        direction under subsection 33 (2) is in force" from subparagraphs (a)
        (i) and (b) (i) of the definition of "extra allowable amount" in
        subsection (13) and substituting "who is eligibly separated from his
        or her spouse". Commencement: Immediately after the commencement of
        section 11 of the Social Security and  Veterans' Affairs Legislation
        Amendment Act 1988