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Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Bill 2008 - Schedule 2—Partner service pension

Schedule 2 Partner service pension

Part 1 Amendments commencing on Royal Assent

Veterans’ Entitlements Act 1986

1  Paragraphs 38(1B)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  has a dependent child when he or she makes a claim for the pension; or

                     (b)  if subsection (1BA) applies in relation to the person—has reached 50 years of age; or

                     (c)  has reached qualifying age.

2  After subsection 38(1B)

Insert:

       (1BA)  This subsection applies in relation to a person if:

                     (a)  paragraph (1)(a) or (f) applies in relation to the person; and

                     (b)  one of the following applies:

                              (i)  the veteran concerned is a veteran to whom subsection 22(4) or section 23 or 25 applies;

                             (ii)  the veteran concerned is a veteran to whom section 22 applies who is in receipt of a pension the rate of which has been increased because the pension is in respect of an incapacity described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);

                            (iii)  the veteran concerned suffers an impairment (within the meaning of the MRCA) and the Military Rehabilitation and Compensation Commission has determined under Part 2 of Chapter 4 of the MRCA that the impairment constitutes at least 80 impairment points (within the meaning of the MRCA).

3  Application

The amendments made by items 1 and 2 apply in relation to claims for partner service pension made on or after the commencement of those items.



 

Part 2 Amendments commencing on 1 January 2009

Veterans’ Entitlements Act 1986

4  Subsection 38(1)

Omit “subsections (1B) and (4)”, substitute “this section”.

5  After subsection 38(2A)

Insert:

       (2AA)  A person’s eligibility under paragraph (1)(b) or (g) ceases if:

                     (a)  in the Commission’s opinion, the veteran concerned was in a marriage-like relationship with another person when this subsection commenced; or

                     (b)  after this subsection commenced, the veteran concerned enters into a relationship with another person and, in the Commission’s opinion, the relationship is a marriage-like relationship.

Note:          The Commission’s opinion is to be formed as mentioned in section 11A.

       (2AB)  A person’s eligibility under paragraph (1)(b) or (g) ceases at the end of the period of 12 months beginning on the first day on which the person was living separately and apart from the veteran concerned on a permanent basis.

       (2AC)  A person’s eligibility under paragraph (1)(b) or (g) does not cease under subsection (2AA) or (2AB) if the person has reached pension age.

Note:          For pension age see section 5Q.

6  Paragraph 38(2B)(c)

After “(2A)”, insert “, (2AA) or (2AB)”.

7  Application

(1)       Subsection 38(2AB) of the Veterans’ Entitlements Act 1986 , as inserted by this Act, applies in relation to a person living separately and apart from a veteran before, on or after the commencement of this item.

(2)       However, if the period of 12 months referred to in that subsection ended before the commencement of this item, the person’s eligibility under paragraph 38(1)(b) or (g) of that Act does not cease under that subsection until the commencement of this item (despite that subsection).

Note:       The person’s eligibility does not cease under that subsection if the person has reached pension age: see subsection 38(2AC) of that Act.



 

Part 3 Amendments commencing on the same-sex start day

Veterans’ Entitlements Act 1986

8  Paragraph 38(2AA)(a)

Omit “marriage-like”, substitute “de facto”.

9  Paragraph 38(2AA)(a)

Omit “when this subsection commenced”, substitute “on the same-sex start day”.

10  Paragraph 38(2AA)(b)

Omit “this subsection commenced”, substitute “the same-sex start day”.

11  Paragraph 38(2AA)(b)

Omit “marriage-like”, substitute “de facto”.

12  At the end of section 38

Add:

             (5)  In this section:

same-sex start day means the day on which Schedule 15 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 commences.

13  Saving

The amendments made by this Part do not affect the operation of subsection 38(2AA) of the Veterans’ Entitlements Act 1986 , as in force before the commencement of this Part.