s. 50 50 Assignment of benefits No. 3750 s. 50. S. 50 Benefits under this Part cannot in any way be substituted by assigned, charged or passed by operation of law No. 120/1994 s. 10. other than under an Act of the Commonwealth. 51 Payment of benefits if person is incapable of S. 51 repealed by managing financial affairs No. 7081 s. 18, (1) The ESS Board may determine that a person who new s. 51 inserted by would ordinarily be entitled to receive benefits is No. 120/1994 incapable of managing his or her financial affairs. s. 10, amended by (2) A determination under subsection (1) may be No. 52/1998 s. 311(Sch. 1 made by reason of any restriction or lack of item 74), capability of the person resulting from any substituted by No. 40/2010 absence, loss or abnormality of mental, s. 36. psychological, physiological or anatomical structure or function. (3) If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants— until the ESS Board determines that the person is capable of managing his or her financial affairs. 52 Penalty for obtaining pension etc. by fraud No. 3750 s. 52. (1) Every person who obtains or attempts to obtain S. 52(1) amended by for himself or for any other person— Nos 10/2004 s. 15(Sch. 1 (a) any pension gratuity or allowance under this item 21.1), 68/2009 Division or any payment on account thereof; s. 97(Sch. or item 93.1).
No. 3750 s. 50. S. 50 substituted by No. 120/1994 s. 10. 50 Assignment of benefits Benefits under this Part cannot in any way be assigned, charged or passed by operation of law other than under an Act of the Commonwealth. S. 51 repealed by No. 7081 s. 18, new s. 51 inserted by No. 120/1994 s. 10, amended by No. 52/1998 s. 311(Sch. 1 item 74), substituted by No. 40/2010 s. 36. 51 Payment of benefits if person is incapable of managing financial affairs (1) The ESS Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. (3) If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants— until the ESS Board determines that the person is capable of managing his or her financial affairs. No. 3750 s. 52. 52 Penalty for obtaining pension etc. by fraud S. 52(1) amended by Nos 10/2004 s. 15(Sch. 1 item 21.1), 68/2009 s. 97(Sch. item 93.1). s. 50 (1) Every person who obtains or attempts to obtain for himself or for any other person— (a) any pension gratuity or allowance under this Division or any payment on account thereof; or
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