Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Veterans' Entitlements Act 1986
1 Subsection 19(9) (paragraph (b) of the definition of application day )
After "20(2)", insert ", 20(2B)".
2 Subsection 19(9) (paragraph (b) of the definition of application day )
After "20(2)(a)", insert ", 20(2B)(a)".
3 Subsection 20(1)
After "is granted", insert "(other than a claim to which subsection (2A) applies)".
4 Paragraph 20(2)(a)
After "in writing", insert "(other than a claim to which subsection (2B) applies)".
5 After subsection 20(2)
Insert:
(2A) If:
(a) a claim in accordance with section 14 for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted; and
(b) the claim for a pension, in accordance with a form approved for the purposes of paragraph 14(3)(a), was received at an office of the Department in Australia less than 6 months after the death of the veteran;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim for a pension was received.
(2B) If:
(a) a person makes a claim for a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, that is in writing but not in accordance with a form approved for the purposes of paragraph 14(3)(a); and
(b) that claim is made less than 6 months after the death of the veteran; and
(c) the person subsequently makes a claim for the pension in accordance with an approved form:
(i) at a time when the person had not been notified by the Department in writing that it would be necessary to make the claim in accordance with an approved form; or
(ii) within 6 months after the person had been so notified; and
(d) a pension for a dependant of a deceased veteran, being a dependant who is the widow or widower of the veteran, is granted to the person on consideration of the claim in accordance with an approved form;
the Commission may, subject to this Act, specify as a date that a determination under subsection 19(3) takes effect in respect of the claim a date not earlier than 6 months before the date on which the claim referred to in paragraph (a) was received at an office of the Department in Australia.
6 Application of amendments
The amendments made by this Schedule apply in relation to a claim for a pension for a dependant who is a widow or widower of a deceased veteran if the veteran's death occurs on or after 1 July 2007.