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Veterans' Affairs Legislation Amendment Bill (No. 1) 1999
Schedule 6 Other amendments

   

Defence Service Homes Act 1918

1  Subsection 4D(2)

Omit “23A(2)”, substitute “23AA(2)”.

2  Section 23A (second occurring)

Renumber as section 23AA.

3  Section 23E

Omit “23A”, substitute “23AA”.

4  Subsection 23G(1)

Omit “23A”, substitute “23AA”.

5  Subsections 23J(1) and (2)

Omit “23A”, substitute “23AA”.

Veterans’ Entitlements Act 1986

6  Subsection 37(2A)

Repeal the subsection.

7  Before section 37A

Insert:

37AAA   Continued eligibility for invalidity service pension if person undertaking a rehabilitation program etc.

                   If:

                     (a)  a person is receiving an invalidity service pension; and

                     (b)  the person ceases to be permanently incapacitated for work while, or as a result of, undertaking a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme;

the person does not cease to be eligible for the invalidity service pension from the time at which the person ceases to be permanently incapacitated for work until the end of the period of 5 years mentioned in subsection 115G(2).

8  Subsection 37E(1)

Repeal the subsection, substitute:

             (1)  A veteran may not claim an invalidity service pension if he has turned 65 or she has reached pension age (within the meaning of subsections 5QB(3), (4) and (5)).

9  Subsection 116(1) (at the end of subparagraph (a)(i) of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force )

Add “or”.

10  Subsection 116(1) (subparagraph (a)(ii) of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force )

Repeal the subparagraph, substitute:

                             (ii)  who was, immediately before his or her death, a member to whom subsection 22(4) or section 24 applied; or

11  Subsection 116(1) (at the end of subparagraph (a)(i) of the definition of eligible child of a veteran )

Add “or”.

12  Subsection 116(1) (subparagraph (a)(ii) of the definition of eligible child of a veteran )

Repeal the subparagraph, substitute:

                             (ii)  who was, immediately before his or her death, a veteran to whom subsection 22(4) or section 24 applied; or

13  Subsections 116(2) and (3)

Repeal the subsections, substitute:

             (2)  If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV, or the rate of the pension granted to the member under Part IV is increased, as from a date before the death of the member in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the member; or

                     (b)  the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the member is taken, for the purposes of the definition of eligible child of a member of the Forces, or of a member of a Peacekeeping Force in subsection (1), to have been:

                     (c)  if paragraph (a) applies—a member to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.

             (3)  If, after the death of a veteran, a pension is granted in respect of the veteran under Part II, or the rate of the pension granted to the veteran under Part II is increased, as from a date before the death of the veteran in circumstances where:

                     (a)  subsection 22(4) or section 24 applied to the veteran; or

                     (b)  the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

then, the veteran is taken, for the purposes of the definition of eligible child of a veteran in subsection (1), to have been:

                     (c)  if paragraph (a) applies—a veteran to whom subsection 22(4) or section 24 applied immediately before his or her death; or

                     (d)  if paragraph (b) applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before his or her death.